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HomeMy WebLinkAbout2015-04-06 City Council MinutesBOOK 56 PAGE 38 REGULAR MEETING April 6, 2015 7:00 P.M. The Mayor welcomed those in attendance Pastor Dick Shaw of the First Baptist 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, Ozuna, and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Proclamation: “Parkinson’s Disease Awaremess Month” Mayor Nancolas read the following proclamation and presented the document to Lisa Bain, Idaho State Director of the Parkinson’s Action Network. Whereas Parkinson’s disease is a chronic, progressive, neurological disease and is the second most common neurodegenerative disease in the United States; Whereas there is inadequate data on the incidence and prevalence of Parkinson’s disease but it is estimated to affect 500,000 to 1,500,000 people in the United States and is expected to double by 2040; Whereas Parkinson’s disease is the 14th leading cause of death in the United States according to the Centers for Disease Control and Prevention; Whereas it is estimated that the economic burden of Parkinson’s disease is at least $14.4 billion annually, including indirect costs to patients and family members of $6.3 billion; Whereas research suggests the cause of Parkinson’s disease is a combination of genetic and environmental factors, but the exact cause and progression of the disease is still unknown; Whereas there is no objective test or biomarker for Parkinson’s disease, and there is no cure or drug to slow or halt the progression of the disease; Whereas the symptoms of Parkinson’s disease vary from person to person and can include tremors; slowness of movement and rigidity; difficulty with balance, swallowing, chewing, and speaking; cognitive impairment and dementia; mood disorders; and a variety of other non-motor symptoms. Whereas volunteers, researchers, caregivers, and medical professionals are working to improve the quality of life of persons living with Parkinson’s disease and their families; Whereas increased research, education, and community support services are needed to find more effective treatments and to provide access to quality care to those living with the disease today; NOW, THEREFORE, I, Garret Nancolas, Mayor of the City of Caldwell, do hereby proclaim April 2015 as Parkinson's Awareness Month in the City of Caldwell Given under my hand in the United States in the City of Caldwell, on this day of twenty-fifteen, and to which I have caused the Seal of the City of Caldwell to be affixed and have made this proclamation public. Ms. Bain reported that there is no Parkinson’s Disease medical specialist available within the State of Idaho. The Parkinson’s Action Network is working to resolve this matter. Appreciation was expressed to Council Member Mike Pollard for being a tremendous ambassador for Parkinson’s disease. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Feucht to amend the agenda by removing “Communication & Media Specialist” from Item #2 under the Consent Calendar per the request of City Staff, move Item #17 under the Consent Calendar to New Business as Item 1(a) for further discussion, and expand the Executive Session to include Section 67-2345, Subsection (f) for the purpose of discussing pending litigation or where there is a BOOK 56 PAGE 39 general public awareness of probable litigation and 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. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on March 16, 2015; the Special City Council Meetings (Workshops) held on March 30, 2015 and April 1, 2015; the Caldwell Pathways and Bike Routes Committee meeting held on February 18, 2015; the Caldwell Historic Preservation Commission meeting held on October 27, 2014; and the Caldwell Hearing Examiner meeting held on March 10, 2015; 2. Approve the job description and posting for the position of Economic Development Specialist; [AMENDED] 3. Approve the request to officially dissolve the Downtown Caldwell Organization Committee effective per the Committee’s final report presented to City Council on March 2, 2015; 4. Approve Resolution No. 64-15authorizing the purchase of a breathing air compressor by the Caldwell Fire Department in the amount of $22,958.65; 5. Approve Resolution No. 65-15 authorizing the execution of a Memorandum of Understanding with Southwest District Health (SWDH) for the purpose of using the O’Connor Field House facility due to a public health emergency; 6. Approve Resolution No. 66-15 authorizing the City Treasurer to collect delinquent LID accounts prior to their certification by the Canyon County Auditor for collection; 7. Approve Resolution No. 67-15 authorizing the execution of the Lease Agreement with Rebeca Johnson for real property located at 300 Frontage Road in association with the One Eighty non-profit organization; 8. Approve Resolution No. 68-15 authorizing the execution of an Independent Contractor Agreement with Holly Cook effective April 6, 2015; 9. Approve Resolution No. 69-15 accepting a Purchase and Sale Agreement and authorizing the purchase of 6.74 acres between the Notus Canal and Interstate 84 for beautification and stormwater handling for the Caldwell Industrial Airport; 10. Approve Resolution No. 70-15 to approve the declaration of surplus property of the LeROI Compressor located at the Wastewater Treatment Plant for purpose of scrap material; 11. Approve Resolution No. 71-15 authorizing the execution of a Task Order with Keller Associates for engineering design services at the Wastewater Treatment Plant; 12. Approve Resolution No. 72-15 authorizing the execution of a Task Order with Bowen Collins & Associates for design, bidding services and construction engineering design services at the Wastewater Treatment Plant; 13. Approve Resolution No. 73-15authorizing the execution of a Task Order with JUB Engineers for the facilities plan update and supporting engineering services at the Wastewater Treatment Plant; 14. Approve Resolution No. 74-15 authorizing the use of contingency funds and budget savings for the purchase of a paint truck for use by the Street Department in the amount of $250,000; 15. Approve Resolution No. 75-15 ratifying the signing of the Grant of Easement Agreement between Pioneer Irrigation District and the YMCA; 16. Approve Resolution No. 76-15 declaring miscellaneous office equipment located at the Community Development Building as surplus property for the purpose of donation to a local non -profit organization thrift store; 17. Approve Resolution No. 77-15 to grant relief from City Code Section 10-02-06(2) and allowing placement of a sign at its proposed location as requested by the Elks Lodge at 1015 North Kimball. [MOVED TO NEW BUSINESS] MOVED by Pollard, SECONDED by Callsen to approve the Consent Calendar as amended. 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 (CONSIDER RESOLUTION NO. 78-15 AUTHORIZING AN AGREEMENT WITH THE CALDWELL HOUSING AUTHORITY CONCERNING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ASSOCIATED WITH THE 1979 GRANT AWARD) Mark Hilty, City Attorney at 1303 12th Avenue Road, Nampa, presented Resolution No. 78-15 for consideration. He addressed Item #24 dealing with the right to rescind the funds in the event of any breach of terms or after a period of five (5) years. He continued by stating that Mr. Dittenber is very aware of the requirements and is prepared to meet them. The statement allows discretion on the part of City Council if Mr. Dittenber was to leave the Caldwell Housing Authority and the next director does not have the level of experience with HUD funding regulations. Resolution 78-15 authorizes the transfer of the HUD funding and serves as Sub-Recipient Agreement with the Caldwell Housing Authority. In response to questions from Councilman Hopper, Mr. Hilty stated that the funds in their entirety would be transferred to CHA and CHA would disburse them in association with upcoming projects. The would be a BOOK 56 PAGE 40 revolving fund for projects to be recouped with interest, thus growing the fund. CHA plans to use the funding for acquisition of specific properties, rehabilitation, and resale. There is allowance for an eighteen month turn around for improvements to residential properties. The reporting process is outlined under Item #8 within the resolution. Councilman Feucht asked if the funding is restricted to the North End Neighborhood Revitalization District. Mr. Hilty responded that the resolution addresses the use of the designated funding within the North End Revitalization District; however, the HUD funding mechanism itself does not have any such restrictions. Mike Dittenber, Caldwell Housing Authority Director at 22730 Farmway Road, distributed copies of the Memorandum of Understanding with the Caldwell Housing Authority and Canyon County dealing with tax deed transfers within the boundaries of the North End Neighborhood Revitalization District. The Mayor read the Resolution by title only. RESOLUTION OF THE CALDWEL CITY COUNCIL AUTHORIZING THE TRANSFER OF THE “HUD” ACCOUNT, WHICH CONSISTS OF “PROGRAM INCOME” FROM THE 1979 CDBG GRANT (#B-79-DN-16-0007) TO THE CALDWELL HOUSING AUTHORITY (“CHA”) AND ESTABLISHING A SUB-RECIPIENT AGREEMENT FOR THE USE OF SAID FUNDS BY CHA. MOVED by Callsen, SECONDED by Pollard to approve Resolution No. 78-15 as presented. Roll call vote: Those voting yes: Callsen, Pollard, Biggers, Feucht, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED Mr. Dittenber announced that on April 16th at 6:30 p.m. at Stewart’s Grill, a joint meeting has been scheduled with the CHA Board of Directors and Caldwell City staff members to discuss how to proceed forward with future plans for the North End Neighborhood Revi talization District. NEW BUSINESS (CONSIDER RESOLUTION NO. 77-15 TO GRANT RELIEF FROM CITY CODE SECTION 10- 02-06(2) AND ALLOWING PLACEMENT OF A SIGN AT ITS PROPOSED LOCATION AS REQUESTED BY THE ELKS LODGE AT 1015 NORTH KIMBALL) Robb MacDonald, 621 Cleveland Blvd, presented the staff report and outlined the request from the Caldwell Elks Club and Superior Signs of Caldwell to authorize approval of an advertising sign to be located within the public right-of-way. He explained that there is sufficient right-of-way at the site to meet current City standards. Mr. MacDonald proposed that relief from City Code Section 10-02-06 (2) be considered by Council. Councilman Hopper suggested that the right -of-way issue itself be addressed by City staff. Discussion followed concerning the site’s right-of-way in comparison with other right-of-way designs in the surrounding area. Concern was expressed about the Valley Regional Transit bus stop being affected by this request for signage especially if a transit shelter or benches were added in the future. Dana Vance of Superior Sign, 812 Main Street, reported that the Elks Lodge will have an organizational state-wide event at the facility in June and desired to have the sign in place prior to the event. The Mayor asked Mr. MacDonald if there could be a temporary permit granted in order that the project could move forward while the right-of-way clean-up issue is addressed by City staff. Mr. MacDonald stated that City Code allows for Council to approve the placement of signage within the right-of-way area. If such action was taken, City staff could then address the right-of-way clean-up issues accordingly. MOVED by Hopper, SECONDED by Callsen to approve a temporary variance for the sign with further direction being given to the Engineering Department staff to make sure it does not interfere with potential improvements made to the transit stop and note that the intent would be to release right -of-way in a manner that would put the sign outside of the City’s right-of-way in the future. In response to questions by Council, Ms. Vance clarified that the sign had been proposed for the selected location due to deliveries by semi-truck to the facility and the need to allow sufficient clearance. It was suggested that the sign post be placed off center, thus assisting in it being further back from the sidewalk area. MOTION CARRIED (CONSIDER BILL NO. 9 (ORDINANCE NO. 2994) FOR AMENDING CHAPTER 07, ARTICLE 13, SECTION 07-13-04 PROHIBITING THE USE OF AIR COMPRESSION BRAKES KNOWN AS “JAKE BRAKES” WITHIN THE CALDWELL CITY LIMITS WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) BOOK 56 PAGE 41 Robb MacDonald, 621 Cleveland Blvd, reported that the current noise ordinance does not address issues regarding air compression brakes. Other c ities such as Nampa and Middleton have similar ordinances in place. He reported that the proposed ordinance was been reviewed by the Caldwell Police Chief and the Caldwell Fire Chief. They are in support of the document. Fire safety vehicles are excluded from the ordinance. Idaho Transportation Department will place signage along the freeway after the ordinance is codified. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 07, ARTICLE 13, SECTION 07-13-04, BY PROHIBITING THE USE OF AIR COMPRESSION BRAKES (ALSO KNOWN AS “JAKE BRAKES”) 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 Pollard, SECONDED by Callsen to waive the three reading process and consider Bill No. 9 (Ordinance No. 2994) on its first reading by title only. Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna, Hopper, and Callen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard, SECONDED by Ozuna to sponsor Bill No. 9 (Ordinance No. 2994), move for its passage by title only, 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 (PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER ANN-15-01 A REQUEST BY THE CITY OF CALDWELL TO ANNEX 2 PARCELS TOTALING APPROXIMATELY 8.3 ACRES, MORE OR LESS, INTO THE CITY OF CALDWELL. THE APPLICANT IS REQUESTING A ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL). THE SITES ARE LOCATED AT 811 & 813 W. PLYMOUTH STREET IN CALDWELL, IDAHO) The Mayor reviewed the quasi-judicial process and asked the City Clerk to swear in those who would be providing public testimony. The Mayor declared the public hearing open. Jarom Wagoner, 621 Cleveland Blvd., provided the staff report and outlined its contents. The subject property was been purchased by the City of Caldwell. He stated that a neighborhood meeting was held with local residents. The response from those in attendance was in support of the plan to develop the site as public open space in order to eventually connect with Curtis Park. He noted that a project has been organized on the Caldwell Community Pride Day (April 25th) to clean up the area. Steven Huffaker, 22114 Rio Drive, pro vided testimony in support of a City park at the subject location. The Mayor explained that it is the desire of the City to honor the Oregon Trail heritage and thus preserve this area as open space for citizens to enjoy for generations to come. MOVED by Hopper, SECONDED by Biggers to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN-15-01: The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site presented by Jarom Wagoner). MOVED by Hopper, SECONDED by Biggers to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-15-01: MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN-15-01: MOVED by Hopper, SECONDED by Biggers 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 applicant’s request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN-15-01: BOOK 56 PAGE 42 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-15-01: MOVED by Pollard, SECONDED by Biggers based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ANN-15-01, a request by the City of Caldwell for annexation of approximately 8.3 acres into the City of Caldwell with a zoning designation of R -1 (Low Density Residential) for the property located at 811 W. Plymouth Street and 813 W. Plymouth Street, be approved with the conditions as outlined within the staff report. 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 Hopper, SECONDED by Feucht to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 1 (ORDINANCE NO. 2986) FOR CASE NO. ANN-15-01 (PLYMOUTH 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-1 (LOW DENSITY RESIDENTIAL) 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 Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 1 (Ordinance No. 2986) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Pollard, Biggers, Feucht. Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 1 (Ordinance No. 2986), move for its passage by title only, and approve the summary for publication. Roll call vote: Those voting yes: Callsen, Pollard, Biggers, Feucht, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Biggers reported that the Finance Committee has reviewed current accounts payable in the amount of $1,368,640.28 for the period ending March 31, 2015 and net payroll in the amount of $273,510.03 for the pay period ended March 7, 2015. MOVED by Biggers, SECONDED by Pollard that accounts payable in the amount of $1,368,640.28 represented by check numbers 108007 through 108395 and payroll for the total amount of $273,510.03, represented by check numbers 28235 through 28251 and payroll direct deposits, be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Biggers announced the birth of his first grandchild which transpired on April 1st. Councilmember Ozuna provided information about the Let’s Move Fun Day which will be held throughout the various Caldwell parks on Saturday, April 18th. She invited participation from the Council Members and their families. (MAYOR’S COMMENTS) The Mayor reported that the Economic Development position, which was approved by City Council tonight, would work specifically on commercial and retail recruitment in both the downtown areas and other pertinent commercial zone sites. He noted that this position addresses one of the recommendations as brought forward from the Downtown Caldwell Organization. It will also allow Mr. Fultz to dedicate his time to the Caldwell BOOK 56 PAGE 43 Airport recruitment, Foreign Trade Zone recruitment, and additional industrial and manufacturing development since those jobs are essential to the long-term wellbeing of the City as well. Update on Events:  Upcoming Budget Workshop - April 28th at 6:00 p.m. – CPD Community Room  Vallivue High School Government Classes: The Mayor taught there last week.  Caldwell High School Government Classes: The Mayor will make a presentation to all CHS government students at the CPD Community Room on Wednesday, April 29th at 3:45 p.m.  The rededication of Wolfe Field was recently held and was a very successful event. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING INTEREST OR ACQUISITION OF REAL PROPERTY NOT OWNED BY A PUBLIC AGENCY; AND SECTION 67-2345; AND SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION, AND 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) MOVED by Hopper, SECONDED by Biggers to convene into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (c) for the purpose of discussing interest or acquisition of real property not owned by a public agency; and Section 67-2345; and Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation); and 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 at 8:10 p.m. Roll call vote. Those voting yes: Hopper, Pollard, Biggers, Feucht, Ozuna and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Ozuna to adjourn at 9:20 p.m. MOTION CARRIED APPROVED AS written THIS 20th DAY OF April , 2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk