HomeMy WebLinkAbout2016-06-06 City Council Regular Meeting BOOK 57 PAGE 91
REGULAR MEETING
June 6,2016
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m.and welcomed those in attendance.
Pastor Gerald Crownover of the Assembly of God Church provided the invocation. Boy Scout Colton Muso 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,
Stadick,Allgood,Ozuna,and Hopper.Absent: Pollard.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Citizen Recognition Presentation-Caldwell Police Department:
Lt. Hoadley acknowledged Dan Pugmire and reported on his involvement with a heroic deed at the
Idaho Veterans Memorial Garden. Mr.Pugmire was instrumental in stopping a suicide attempt by a
fellow veteran. Lt.Hoadley presented Mr.Pugmire with plaque from the Caldwell Police Department.
The Mayor expressed his sincere appreciation and respect on behalf of the City of Caldwell.
The Mayor called for a short recess.
B. Employees of the Month Presentation
The Mayor recognized Corporal Matthews and Officer Ivie and read a letter of recommendation from
Sergeant Chad Sloan concerning an incident which took place on May 6,2016 involving an 11-month
choking child. Both officers aided in caring for the child at the hospital until the mother arrived.
Plaques and gift cards were presented to each of the employees.
C. Steve Fultz,Economic Director
Mr. Fultz introduced Elizabeth McNannay from Resource Consultants noting that their firm is
constructing the consolidated action plan for the Community Development Block Grant (CDBG)
Entitlement Funds. Ms. McNannay reported on the progress of the Community Development Block
Grant Plan. She noted that a workshop will be held on June 20'h to gain public comments on the Citizen
Participation Plan. Also, a draft of the one-year and five-year Consolidated and Action Plan will be
available for public review for thirty days before coming back to the City Council for final determination
in August. She commented on the exceptional community support she has received throughout the
various workshops and meetings held to gain public input.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Hopper to amend the agenda by removing Item #14 under the
Consent Calendar per the request of City staff.
MOTION CARRIED
AUDIENCE PARTICIPATION
Cynthia Ripke-Kutsagoitz, 322 W. Logan Street, Apt. #103, provided information concerning a recent
clean-up effort of abandoned cars near the Idaho Veterans Garden entrance. She also provided books to
the Mayor concerning veterans returning from war and the challenges they face. She asked for support
of the citizens for the upcoming God and Country Festival.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on May 16,2016;the
Caldwell Planning&Zoning Commission Meeting held on April 12, 2016; the Caldwell Historic
Preservation Commission Meeting held on March 14, 2016; the Caldwell Hearing Examiner
Meeting held on May 10,2016;the Caldwell Senior Center Board Meeting held on May 9,2016;the
Caldwell Youth Forum(Sub-Committee of the Youth Master Plan Committee) Meeting held on
March 15,2016; the Caldwell Dog Park Committee Meeting held on May 3, 2016; the Caldwell
Housing Authority Meetings held on January 22, 2016, January 25, 2016, January 27, 2016,
February 26, 2016, March 1, 2016, March 25, 2016, and April 22, 2016; and the Let's Move!
Caldwell(Sub-Committee of the Youth Master Plan Committee)Meetings held on January 27,2015,
March 24,2015,May 26,2015,July 28,2015,December 8,2015,and March 22,2016;
2. Approve Resolution 116-16 authorizing the execution of a Real Estate Lease Agreement with
Canyon County(Caldwell Events Center for Canyon County Fair).
3. Approve request for the appointment of Holly Cook to the Caldwell Public Library Board of
Directors with a term to expire December 31,2018;
4. Approve request from the City Clerk for approval of an updated City of Caldwell Alcohol Beverage
License Application (Beer)from Garcia Enterprise,LLC-dba Joyeria El Diamante;
BOOK 57 PAGE 92
5. Approve Resolution 117-16 authorizing the declaration and disposition of City-owned surplus
equipment and items from the Caldwell Police Department and 815 Plymouth Street;
6. Approve Resolution 115-16 authorizing approval of amendments and revisions made to the City of
Caldwell Records Policy as outlined on pages 6-7 and 14-16 referencing requests for copyrighted
materials and retention and destruction of historical and permanent City records;
7. Approve the Order of Decision for Case No.ANN-16-04(Waite Annexation);
8. Approve the Order of Decision for Case No.ZON-16-01(The Village Rezone);
9. Approve the Order of Decision for Case No.OA-16-01(2015 Zoning/Comp Plan Map Update);
10. Approve Resolution 118-16 authorizing the execution of the FAA Agreement for Professional
Services to rehabilitate runway 12-30 & associated connector taxiways - design only(AIP 3-16-
0045-029)at the Caldwell Industrial Airport;
11. Approve Resolution 119-16 authorizing an Amendment to Task Order 001 with Keller and
Associates to design accommodations for centralized power with appropriate construction
sequencing specifications;
12. Approve Resolution 120-16 accepting a Right-of Way Purchase Agreement with Jusa and Senija
Kapic associated with the Lake Avenue and Ustick Road Roundabout Project;
13. Approve Resolution 121-16 accepting a Quitclaim Deed from Juso and Senija Kapic for a strip of
frontage property associated with the Lake Avenue and Ustick Road Roundabout Project;
14. Approve Resolution accepting an Easement from GRT Realty for water mainline for fire line across
a portion of their property located in the Sky Ranch Business Park; [REMOVE]
15. Approve Resolution 122-16 authorizing the execution of the Memorandum of Understanding with
the United States Marshals Service Violent Offender Task Force;
16. Approve Resolution 123-16 authorizing necessary action pursuant to Idaho Code 7-707(6)
concerning potential condemnation action generally known as City of Caldwell vs. Estrada
associated with acquiring right-of-way for improvements to the intersection of Lake Avenue and
Ustick Road.
MOVED by Callsen,SECONDED by Hopper to approve the Consent Calendar as amended.
Roll call vote:Those voting yes:Callsen,Stadick,Allgood,Ozuna,and Hopper. Those voting no:none.
Absent and/or not voting:Pollard.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(PUBLIC HEARING CONCERNING A REQUEST BY THE CALDWELL URBAN RENEWAL
AGENCY TO VACATE PUBLIC RIGHT-OF-WAY AND A PUBLIC UTILITY EASEMENT
REFERRED TO AS SLIPSTREAM WAY)
Brent Orton,621 Cleveland Blvd.,provided the staff report. The request vacates the public right-of-way
contingent upon new easements being created as needed for the utilities and for the public utilities to
include sewer/water/pressurized irrigation. Upon approval,it would allow construction to move forward
and the vacation of both the easement and the public right-of-way effective when developers complete
the utility relocations and create easements for the utilities. This action would make way for a future
manufacturing facility at the site. He noted that the request was recommended by the Caldwell Traffic
Commission.
MOVED by Ozuna,SECONDED by Stadick to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO.32(ORDINANCE NO.3058)CONCERNING THE REQUEST BY THE
CALDWELL URBAN RENEWAL AGENCY TO VACATE PUBLIC RIGHT-OF-WAY AND A
PUBLIC UTILITY EASEMENT REFERRED TO AS SLIPSTREAM WAY WITH A REQUEST
TO WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor read the ordinance by title only:
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE
NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT-OF-WAY
AND UTILITY EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID
FOLLOWING PROPERTY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL,
CANYON COUNTY,IDAHO.
MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No.
32(Ordinance No.305 8)on its first reading by title only.
Roll call vote:Those voting yes:Callsen,Stadick,Allgood,Ozuna,and Hopper. Those voting no:none.
Absent and/or not voting:Pollard.
MOTION CARRIED
MOVED by Callsen,SECONDED by Allgood to sponsor Bill No.32(Ordinance No.3058),move for its
passage by title only,and approve the summary for publication.
BOOK 57 PAGE 93
Roll call vote:Those voting yes:Callsen,Stadick,Allgood,Ozuna,and Hopper. Those voting no:none.
Absent and/or not voting:Pollard.
MOTION CARRIED
(PUBLIC HEARING REGARDING THE PROPOSED "PROPERTY TRANSFER
AGREEMENT" BETWEEN CANYON COUNTY AND THE CITY OF CALDWELL. THE
AGREEMENT PROVIDES THAT THE CITY OF CALDWELL WILL CONVEY LAND
UNDERLYING THE CANYON COUNTY FAIR BUILDING TO CANYON COUNTY AND
CANYON COUNTY WILL CONVEY THE GABIOLA FIELDS TO THE CITY OF CALDWELL
ALL AT NO COST TO EITHER ENTITY)
Mark Hilty, 1303 12'h Avenue Road, Nampa,provided the staff report. He explained that the public
hearing is a follow-up matter to the agreement that was adopted by City Council approximately one
month ago regarding property realignment at the Caldwell Event Center. The City of Caldwell would be
transferring City-owned property(approximately two acres)underlying the Canyon County Fair Building
to Canyon County and Canyon County would be transferring County-owned property(approximately
twelve acres)known as Gabiola Fields to the City of Caldwell. The agreement was previously approved
by City Council. The statutory process allows governmental agencies to transfer property back and forth
with or without consideration. These transfers have been conducted without consideration but the statute
requires a public hearing as part of the process.
The Mayor clarified that the Gabiola Fields portion includes approximately two acres to the southeast at
the corner of Stock Trail Road and South Georgia Avenue. This would be the entire area which was
originally transferred from the City of Caldwell to Canyon County and is now being transferred back.
Stephanie Peters, 2609 North Middleton Road, signed in opposition to the request and expressed her
concern with the transfer agreement and any plans to keep the Fair at its current location. She
emphasized that the current location is overcrowded and unsafe for those involved with 4-11 exhibitions.
Mayor Nancolas provided background information concerning the current land transfer it is relates to the
original agreement with Canyon County. The current action would return the parcels to the original
owners and provide a five-year lease with the Canyon County Fair to remain at the site at no cost and
without assessment of utilities or rent.
Councilman Callsen commented that the Simplot Stadium football field is available to the Canyon
County Fair if they are willing to cover it to protect the College of Idaho's investment. The field is used
for football, soccer,and athletic training camps throughout the year.He expressed his concern with the
lack of communication from the Canyon County Fair Board about their plans for relocation.
Councilman Hopper reported that before the Canyon County Fair Board purchased the property on Hwy.
20-26,the City offered them 45 acres(gratis)in the Sky Ranch Business Park where the GALS Softball
Park is now located. The offer was rejected.
Councilman Callsen stated his support for the Canyon County Fair to remain in Caldwell.
Mayor Nancolas explained that the City is in support of working with the Canyon County
Commissioners within the next five years as outlined within the lease regarding the possibility of a
master plan addressing expansion of the Canyon County Fair.
Discussion followed concerning requirements of the Union Pacific Railroad in developing a quiet zone in
relation to the Caldwell Events Center.
Tim Lowber,8276 Dearbome Road,Nampa signed as neutral to the request. He explained that he serves
on the Canyon County Fair Board and that he assisted in raising support in the past for the passage of a
bond to keep the Canyon County Fair in Caldwell. The bond failed. He noted that a majority of county
fairs are not held in their county seat locations. He expressed his concern with the ongoing tension
between the City of Caldwell and Canyon County. He reported that no information was ever disclosed
about the faltering of the original agreement on the part of Canyon County. He questioned if there are
changes in the current warranty deeds versus the original warranty deed verbiage from 1981.
Discussion followed.
Mr.Hilty stated that the warranty deed was drafted in conjunction with the Canyon County Attorney's
review and they were in agreement with the conditions as outlined.
Mr.Tim Lowber asked that personal agendas be put aside between the City and the County and that a
partnership be formed to make decisions based on the betterment of the community.
Mark Hilty explained that the Caldwell Event Center has received inquiries from other entities for
expansion/development. It is the desire of the City not to move forward with those interests until the end
of the five-year period. He noted that it has been repeatedly emphasized to the Canyon County attorneys
that if and when the Fair commits to Caldwell,the City would negotiate the entire arrangement. The City
would like to return to the plans that were underway in 2002—a joint master plan of the facility with the
other major users to include The College of Idaho,Caldwell Night Rodeo,and the Canyon County Fair.
The ultimate goal of the City is to bring everyone together and provide a cohesive master plan that works
for all the different uses. It has been difficult inasmuch as the Fair has not wanted to stay. In looking
BOOK 57 PAGE 94
forward, future City Council governing bodies cannot be encumbered by entering into a permanent
arrangement of setting the property aside for use by the Canyon County Fair while the Fair Board is
trying to figure out how to raise the money to move off of the grounds. Negotiations ended with the
submittal of a five-year lease with the understanding that nothing will happen on the properties without
the consent of the Fair so that it is protected during that period of time. The hope is that within the five-
year period of time,the Fair will decide to stay and develop it out and enter into something that is more
robust and permanent in nature by participating with the master planning.
Mr. Lowber concluded by stating that he wanted to clarify it has never been the intension of the Fair
Board to imply that they do not want to have the Canyon County Fair in Caldwell. The Fair Board has
never voted to move the event out of Caldwell. He emphasized that their intent was to try to keep the
Canyon County Fair in Caldwell but they need 80 acres or more to operate.
MOVED by Callsen, SECONDED by Hopper to close the public hearing regarding the Transfer
Agreement.
MOTION CARRIED.
(CONSIDER RESOLUTION 124-16 AUTHORIZING THAT CERTAIN REAL PROPERTY
KNOWN AS 124 NORTH 21sr AVENUE BE DECLARED AS SURPLUS PROPERTY AND SET
THE PUBLIC AUCTION DATE FOR JUNE 20, 2016 AT THE REGULARLY SCHEDULED
CITY COUNCIL MEETING TO BE HELD AT 7:00 P.M.)
Mark Hilty, City Attorney at 1303 12'h Avenue Road,Nampa,provided the staff report. He noted that
the action would be to declare the site as unused or underutilized for public purposes and authorize it to
be sold. There would be an advertisement in the newspaper,a public hearing,followed by an auction if
the Council still intended to proceed with the disposition of the property. If no one purchases the
property at the auction,Council can proceed to negotiate sell of the property with a realtor at whatever
terms it deems best.
Councilman Stadick asked if the property does not sell at the appraised value, can be sold at a lesser
price.
The Mayor stated that it is Council's decision concerning the price. The recommended price has been set
within the resolution. If no one bids at the minimum price,Council has the prerogative to hire a realtor
or direct staff to sell it.Offers could be taken and brought back to Council for approval.
The Mayor read Resolution No. 124-16 by title only:
RESOLUTION OF THE CALDWELL CITY COUNCIL AUTHORIZING THAT CERTAIN REAL
PROPERTY, COMMONLY KNOWN AS A PORTION OF 124 N. 21ST AVENUE, CALDWELL,
IDAHO, COMPRISING APPROXIMATELY .80 ACRES, MORE OR LESS, BE DECLARED AS
SURPLUS PROPERTY, DECLARING AN INTENT TO CONVEY, EXCHANGE OR OFFER FOR
SALE SAID PROPERTY, AND TO DECLARE THE VALUE OR MINIMUM PRICE THE CITY
INTENDS TO RECEIVE AS A RESULT OF SUCH CONVEYANCE.
MOVED by Callsen,SECONDED by Ozuna to sponsor Resolution No.124-16 as presented.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Hopper reported that the Finance Committee has reviewed current accounts payable in the
amount of$1,402,827.39 for the period ending May 25,2016 and net payroll in the amount of$294,555.75
for pay period ending on May 14,2016.
MOVED by Hopper, SECONDED by Callsen that accounts payable in the amount of $1,402,827.39
represented by check numbers 116517 through 116841 and payroll for the total amount of$294,555.75
represented by check numbers 29853 through 29872 and payroll direct deposits, be accepted, payment
approved,and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Stadick provided an update concerning the Caldwell Veterans Memorial Hall Council(CVMH).
He reported on the desperate need for funds to complete this remodeling project since licensed contractors are
needed to complete the work. He recommended that this be a budget item to consider within the upcoming
budget workshops.
The Mayor reported that staff is researching costs concerning the elevator in conjunction with the Veterans
Memorial Hall Council.
Mr.Orton reported that John Muirhead from the CVMH submitted a figure of approximately$175,000 for the
elevator project. This amount will be considered within the upcoming budget recommendations to City
Council. Once the larger number for the elevator is satisfied,the CVMH Council is confident that they can
obtain donations for the materials and labor to install the unit.
BOOK 57 PAGE 95
Mr.Orton continued by noting that the City is committed to complete the patio which includes the foundation
and the pit for the elevator. That project has already been authorized and construction should commence next
week.
Mr.Orton also provided an update concerning the Idaho Veterans Garden Restroom Project. Dan Pugmire has
worked had to obtain agreements from contractors and tradesmen to construct a restroom at the Idaho Veterans
Garden site.Staff will be recommending to Council a payment of the materials associated with the project.
Councilman Stadick reported that the CVMH Council us earnestly working to acquire grants and donations to
complete the entire facility project. There is a need within the community for this facility and the services it
will provide to our veterans.
(MAYOR'S COMMENTS)
The Mayor reported that all of the graduation ceremonies for the local high schools and The College of Idaho
are complete.He expressed appreciation for the opportunity to be involved with many ofthe ceremonies.
The Horsewood Kitchen has its grand opening. It is nice to have this new facility within the downtown area.
The Mayor's Youth Advisory Council Golf Tournament was held. This is the 16'h Annual Golf Tournament
and it was very successful. There was a record turnout and approximately$9,200 was raised from the event.
The money will be divided between the Mayor's Youth Advisory Council, the Caldwell High School and
Vallivue High School Scholarship Programs, and $1,000 to the Caldwell Saves Is`Program. He thanked
everyone from the community who participated in sponsoring the event and City staff members/Chamber of
Commerce staff who marketed and organized the event.
The Mayor reported that a letter was received from the CFD Local Firefighters Union that they would like to
begin negotiations. The City has ten days to respond to the request. City Council has the prerogative
concerning the team who will serve as negotiators. Discussion followed concerning who will serve within this
capacity. Staff recommended that E1Jay Waite,Monica Jones,and one or two City Council Member(s)serve on
the negotiation team. It was determined that the Council President will discuss this issue with Council
Members and report back to the Mayor with the recommendation. The Mayor noted that these sessions are
public meetings and noticed accordingly.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 74-206, SUBSECTION(F)FOR
THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL
PUBLIC AWARENESS OF PROBABLE LITIGATION, SUBSECTION(C)FOR THE PURPOSE OF
DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL PROPERTY NOT OWNED BY
A PUBLIC AGENCY, AND SUBSECTION (D) FOR THE PURPOSE OF DISCUSSING RECORDS
THAT ARE EXEMPT FROM DISCLOSURE PROVIDED IN CHAPTER 1,TITLE 74,IDAHO CODE)
MOVED by Hopper, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code,
Section 74-206,Subsection(t)for the purpose of discussing pending litigation or where there is a general public
awareness of probable litigation,Subsection(c)for the purpose of discussing the acquisition of or an interest in
real property not owned by a public agency,and Subsection(d)for the purpose of discussing records that are
exempt from disclosure provided in chapter 1,title 74,Idaho Code at 8:50 p.m.
Roll call vote. Those voting yes: Hopper, Callsen, Stadick, Allgood, and Ozuna. Those voting no: none.
Absent and/or not voting:Pollard.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Ozuna to adjourn at 9:54 p.m.
MOTION CARRIED
APPROVED AS written THIS 20`x' DAY OF June -2016.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk