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HomeMy WebLinkAbout2015-09-21 City Council Minutes BOOK 56 PAGE 114 REGULAR MEETING September 21,2015 7:00 P.M. Council President Dennis Callsen welcomed those in attendance.Pastor Dana Brooks of the Grace Lutheran Church provided the invocation.The Council President 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 The Council President welcomed Ms.Adams,American Government teacher from Caldwell High School along with her students. Each student stood and introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Biggers to remove item 98 under the Consent Calendar per the request of Engineering Department staff and add a new Item under the Consent Calendar to read: "Approve Resolution authorizing the execution of the Engagement for Legislative Services Agreement with Jonathan Parker of Holland&Hart effective for the 2016 Idaho Legislative Session." .MOTION CARRIED Reason for Amendment: Legislative Services Agreement was not available to the City Clerk at the time the agenda was posted. AUDIENCE PARTICIPATION Sharon Porter,1624 Arthur Street,reported on the success of the Compassion Caldwell outreach event held on September 19,2015. It was attended by 500 guests from the community with the involvement of over 300 volunteers. Services provided that day included the service of a hot meal to each attendee, social service agency contacts,medical services,dentals services, and haircuts. She noted that they are already planning the Compassion Caldwell outreach for 2016. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on September 8, 2015 and the Caldwell Industrial Airport Commission Meeting held on September 3,2015; 2. Approve Resolution authorizing the execution of the Independent Contractor Agreement with Larry Shippy (DBA: LS Refereeing) for the Caldwell Recreation Department Sport Leagues for the term of October 1,2015 to September 30,2016; 3. Approve Resolution authorizing the award of informal bid for the installation of automated valve actuators for the Aeration Basins at the Wastewater Treatment Plant in the amount of$58,815; 4. Approve Resolution authorizing the purchase of a Vactor Combination Sewer Cleaner Truck for the Wastewater Treatment Plant in the amount of$433,970 pursuant to Idaho Code 67-2807 via a joint purchase association; 5. Approve Resolution authorizing the purchase of an Orthophosphate Analyzer for the Wastewater Treatment Plant in the amount of$19,595.39 plus freight; 6. Approve Resolution authorizing the purchase of a new 2015 Extended cab 5.0 Liter Ford F-150 Pickup truck for use by the Department of Building Safety in the amount of $23,755; 7. Approve Resolution authorizing the purchase of a new 2015 Extended Cab 2.7 Liter Ford F-150 Pickup for use by the Department of Building Safety$22,683; 8. ,000 f0f:the . [REMOVE] 9. Approve Resolution authorizing the execution of the Engagement for Legislative Services Agreement with Jonathan Parker of Holland&Hart effective for the 2016 Idaho Legislative Session. [ADD] MOVED by Pollard,SECONDED by Feucht to approve the Consent Calendar as amended. Roll call vote: Those voting yes:Pollard,Biggers,Feucht,Ozuna,Callsen and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED BOOK 56 PAGE 115 OLD BUSINESS (PUBLIC HEARING TO CONSIDER AMENDMENTS TO APPROPRIATIONS ORDINANCE NO. 2976 FOR FISCAL YEAR 2014-15) E1Jay Waite,411 Blaine Street,provided the staff report and outlined the amendments to Ordinance No. 2976 noting that the hearing was properly noticed. He reported that there were three funds which had extra expenditures: The library had capital improvements which amounted to $177,000; the Housing Urban Development Fund was transferred to the Caldwell Housing Authority for the appropriate removal of blighted properties in the north Caldwell area;and equipment was purchased by the Golf Department in the amount of$57,100. The total amendment is$389,895. Mr.Waite recommended its approval. MOVED by Hopper,SECONDED by Feucht to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 31 (ORDINANCE NO. 3016)TO AMEND ORDINANCE NO. 2976 WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Council President read Bill No.31(Ordinance No.3016)by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, AMENDING ORDINANCE NO. 2976 (Bill 23),THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015 APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED AND/OR EXPENDED BY THE CITY OF CALDWELL,IDAHO,IN THE SUM OF $389,895 AND PROVIDING AN EFFECTIVE DATE MOVED by Pollard,SECONDED by Biggers to waive the three reading process and consider Bill No.31 (Ordinance No.3016)on its first reading by title only. Roll call vote:Those voting yes:Pollard,Biggers,Ozuna,Callsen,and Hopper. Those voting no:Feucht. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard,SECONDED by Biggers to sponsor Bill No.31 (Ordinance No. 3016)and move for its passage by title only. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Callsen,and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ZON-15-05: A REQUEST BY THE CITY OF CALDWELL PLANNING&ZONING DEPARTMENT TO REZONE 0.21 ACRES,MORE OR LESS,FROM T-N(TRADITIONAL NEIGHBORHOOD) TO M-1 (LIGHT INDUSTRIAL). THE SUBJECT PROPERTY IS LOCATED AT 315 N.5TH AVENUE IN CALDWELL,IDAHO) The Council President declared the public hearing open and explained the process of a quasi-judicial public hearing. He asked the City Clerk to swear in those who would be providing public testimony. Jarom Wagoner, 621 Cleveland Blvd, acknowledged being sworn in and provided the staff report. This parcel was previously declared as surplus property by the City of Caldwell. Mr. Wagoner outlined the contents of the report and noted that the parcel was recently sold by the City of Caldwell to a trucking firm and they are using the site for parking large vehicles. The current zoning classification(T-N) does not allow for that use. The adjacent property is owned by the purchaser and is zoned M-1 (Light Industrial). Staff finds that the property is in compliance with the Comprehensive Plan. The conditions outlined within the staff report are standard City Code requirements with the new development of any property. In response to questions from Councilman Hopper, Mr. Wagoner reported that the area has recently undergone a rezone. All the properties to the north, east, and west of the site are zoned Traditional Neighborhood. There is a mix of commercial and residential properties located directly west of the site and are zoned Traditional Neighborhood. The TN zoning classification allows for both residential and commercial uses. There are no standards for buffer zones within the TN zoning classification. MOVED by Hopper,SECONDED by Biggers to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.ZON-15-05: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site presented by Jarom Wagoner). BOOK 56 PAGE 116 MOVED by Hopper,SECONDED by Feucht to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-15-05: MOVED by Hopper,SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO.ZON-15-05: 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 application. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.ZON-15-05: 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-15-05: MOVED by Pollard,SECONDED by Ozuna based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders that Case Number ZON-15-05 a request by the City of Caldwell Planning&Zoning Department to rezone 0.21 acres,more or less,from T-N(Traditional Neighborhood)to M-1(Light Industrial)located at 315 N.5th Avenue in Caldwell,Idaho,is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Pollard,Biggers,Feucht,Ozuna,Callsen,and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper,SECONDED by Ozuna to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 28 [ORDINANCE NO. 3013] FOR CASE NO. ZON-15-05 (CITY OF CALDWELL REZONE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read Bill No.28(Ordinance No.3013)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 M-I (LIGHT INDUSTRIAL)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 Biggers to waive the three reading process and consider Bill No.28 (Ordinance No.3013)on its first reading by title only. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Callsen,and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard, SECONDED by Feucht to sponsor Bill No. 28 (Ordinance No. 3013),move for its passage by title only,and approve the summary for publication. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Callsen,and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (CONSIDER BILL NO.32[ORDINANCE NO.3017]FOR THE GENERAL UTILITY EASEMENT VACATION IN ASSOCIATION WITH TACOMA SCREW, INC. AT 510 SIMPLOT BOULEVARD WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton,621 Cleveland Boulevard,provided the staff report. He noted that the request is dealing with the parcel where the Covey Cafe on Simplot Boulevard was formally located. The vacation is dealing with a utility easement which needs to be vacated to allow for a valid building location. The utilities would be moved to the outside of the building envelope through the circulating roadway around the building. No public hearing is required when utilities are the only easement holders. He recommended approval of the request. BOOK 56 PAGE 117 In response to questions from Councilman Feucht,Mr.Orton reported that the current building(old Covey Cafe facility)would be demolished. In response to questions from Council Hopper,Mr. Orton clarified that there would be no hardship with bordering property owners in vacating the easement. The utilities would be relocated closer to the boundary of the property thus making the utilities more accessible to an adjacent property owner. In response to questions from Councilman Biggers, Mr. Orton clarified that no certificate of occupancy would be issued until appropriate utility easements have been recreated. The Council President read Bill No.32(Ordinance No.3017)by title only: AN ORDINANCE RECITING PETITION FOR VACATION OF GENERAL UTILITY EASEMENT AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID GENERAL UTILITY EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING EASEMENT IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL,CANYON COUNTY,IDAHO. MOVED by Hopper,SECONDED by Biggers to waive the three reading process and consider Bill No.32 (Ordinance No.3017)on its first reading by title only. 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 MOVED by Hopper, SECONDED by Biggers to sponsor Bill No.32(Ordinance No. 3017),move for its passage by title only,and approve the summary for publication. 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 (CONSIDER COUNTEROFFER FROM CHRISTIAN FAITH CENTER FOR SURPLUS PROPERTY LOCATED AT 300 FRONTAGE ROAD NOTING THE VALID OFFER DATE EXPIRES SEPTEMBER 25,2015) Maren Erickson, City Attorney at 1303 12th Avenue Road,Nampa,provided the staff report. Discussed followed concerning the parcel and counteroffer. MOVED by Hopper,SECONDED by Feucht to accept the counter offer from Christian Faith Center in the amount of$15,000. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Biggers reported that the Finance Committee has reviewed current accounts payable in the amount of$1,285,362.03 for the period ending September 15,2015 and net payroll in the amount of$286,770.54 for the pay period ended August 22, 2015,and a net payroll of$278,068.38 for the pay period ending September 5, 2015. MOVED by Biggers, SECONDED by Hopper that accounts payable in the amount of $1,285,362.03 represented by check numbers 111447 through 111790 and payroll for the total amount of $564,838.92, represented by check numbers 28779 through 28830 and payroll direct deposits, be accepted, payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Council Member Hopper commented on the success of the Indian Creek Festival. Council Member Ozuna spoke in favor of the Indian Creek Festival and the Compassion Caldwell evemt. She stressed the importance of additional dental staff volunteering next year for the Compassion Caldwell outreach noting that there is a great need for dental services at the event. Council Member Feucht reported on the success of the Youth Forum which was hosted by The College of Idaho on September 16th. The College of Idaho homecoming football game was well attended. He recommended that the students research the BLM lawsuit concerning the handling of Idaho grasslands and forest. This would be a good point of discussion about the misuse of lands. Council Member Callsen recommended that citizens view the new Indian Creek Festival video available on the City of Caldwell website. He reported that he would be traveling to the Denver area this week to review city plazas with Council Member Ozuna and Keri Sigman from the Caldwell Economic Development Department. BOOK 56 PAGE 118 (MAYOR'S COMMENTS) None. (REQUEST FROM EMPLOYEE TO EXTEND HEALTH CARE BENEFITS FOR PHYSICAL THERAPY) Way,Waite,411 Blaine Street,provided a summary concerning an unidentified employee who has reached the coverage limits for physical therapy within the City of Caldwell Employee Healthcare Plan. He noted that any exceptions to the policy would require City Council action. This is not a lawsuit against the city but rather a potential claim. The City Attorney concurred that the subject matter does not qualify under the provision of an Executive Session. Councilman Hopper suggested that all references to the employee be ambiguous and discrete. Mr.Waite reported that no names would be used within the discussion. Mr. Waite stated that the Healthcare Plan provides coverage for 20 inpatient and 20 outpatient visits. Once those are met,there is no additional benefit for therapy for a particular accident or injury. Normally,this is sufficient to complete any rehabilitation therapy. In this particular case involving a stroke,there has been good progress made but an additional six weeks of therapy (2 visits per week — I hour each session) has been requested. Such a request was granted several years ago when a firefighter was injured on the freeway while assisting with an automobile accident. Mr.Waite continued by reporting that the employee is currently using an out-of-town provider and the therapy is in 15-minute increments-$60 per 15-minute increment. The employee has been meeting with the therapist for one hour sessions twice weekly for a total of$240 per visit. A local provider through West Valley Medical Center charges between$33-35 per 15-minute increment. This would be for the same therapy provided by the out-of-town provider. Councilman Hopper stated his concern that the agreement not be open-ended. There should be a reasonable cap for the benefits to extend with possibly a higher co-pay component. There is a definite need to look to accommodating this type of request dealing with physical therapy. Councilman Pollard expressed his concern that such an exception could set a precedent for future cases. Discussion followed. MOVED by Hopper,SECONDED by Feucht to direct staff to develop a package of potential extended physical therapy using contracted services with a local provider at a fifty percent(50%)benefit for the City's portion not to exceed an extra 14 hours of therapy. MOTION CARRIED(5 in support/I in opposition) (ADJOURNMENT) MOVED by Biggers,SECONDED by Hopper to adjourn at 7:58 p.m. MOTION CARRIED APPROVED AS written THIS 5th DAY OF October ___,_2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk