HomeMy WebLinkAbout2016-11-21 City Council Minutes Regular Meeting BOOK 57 PAGE 183
SPECIAL MEETING
November 21,2016
6:30 P.M.
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING THE EMPLOYEE
BENEFIT HEALTH TRUST FUND)
Mayor Nancolas called the City Council Workshop to order at 6:30 p.m.
City Council Members present: Callsen,Pollard, Stadick,Allgood,Ozuna,and Hopper.
City Staff Members present: Monica Jones and Lois Morris from Mercer.
Monica Jones provided information concerning a mandatory change to the Employee Benefit Health Trust
Fund regarding prescription benefits through Regence Blue Shield of Idaho.
Lois Morris stated that the prescription plan must confirm to the Affordable Health Care Plan. She provided
a handout outlining the proposed plan options. She recommended that the City roll the medical and
prescription plan into one combined out of pocket maximum.
ElJay presented spread sheets outlining the results of research conducted with Regence Blue Shield. The
purpose of the research was to analyze the impact of removing the coinsurance max on Tier 2 (brand
formulary)drugs and combining it with the medical coinsurance.
It was noted that Monica will provide documents ready for consideration for the City Council Meeting on
December 5,2016. A 60-day notification will be provided to the employees concerning changes to the plan.
REGULAR MEETING
November 21,2016
7:00 P.M.
NOTE: Due to technical difficulties,no audio recording is available for this City Council Meeting.
Mayor Nancolas opened the meeting and welcomed those in attendance. He reported that there was a City
Council Workshop held at 6;30 p.m. to discuss prescription benefits for City employees. 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,
Stadick,Allgood,Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Allgood to amend the agenda by removing Items #3 and #5 under
New Business per the request of the applicants.
The Mayor noted the Item #4 under New Business was noticed on the agenda indicating the applicant's
desire to continue the public hearing to the next Regularly Scheduled Meeting to be held on December 5,
2016.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on November 7,2016;
the Mayor's Youth Advisory Council Meeting held on October 19, 2016; The Youth Master Plan
Committee Meeting held on July 12, 2016; the Youth Forum Subcommittee Meetings held on
August 23, 2016 and September 27, 2016; the Caldwell Historic Preservation Commission meeting
held on August 24,2016; the Caldwell Hearing Examiner Meeting held on September 13,2016;and
the Caldwell Planning&Zoning Commission Meeting held on October 11,2016;
2. Approve the disbandment of the Caldwell Dog Park Committee with appreciation to the following
members for their dedication and commitment to this project: Theresa Hardin, Julie Warwick, Gina
Lujack, Tom Marmon, Rena McKean, Gene Gunderson,Kellie Warwick, Dr. Brett Bauscher, Cindy
Ambriz,Mike Pollard,Brian Billingsley,Dave Marston,Vinton Howell,and Robb MacDonald;
3. Approve the Order of Decision for Case No. SUB-16F-06(Cirrus Pointe No.4 Final Plat);
BOOK 57 PAGE 184
4. Approve Resolution No. 260-16 authorizing the purchase of new carpet with installation in the
amount of$18,100 and a laminate counter with installation in the amount of$2,500 from Nampa
Floors and Interiors for Purple Sage Club House;
5. Approve Corrected Resolution No. 256-16 authorizing the approval of a Corporate Warranty Deed
to TMJF Properties, LLC for 59.24 acres generally located one-half(1/2)mile south of Purple Sage
Golf Course;
6. Approve Resolution No. 261-16 authorizing the purchase of a 2016 GMC Canyon Truck from
Peterson Motors in the amount of$24,999 for the Water Department;
7. Approve Resolution No. 262-16 authorizing the purchase of a 2017 14-foot dump body truck for the
Street Department in the amount of $73,231 based on a bid to the Idaho State Transportation
Department pursuant to Idaho Code 67-2803(l);
8. Approve Resolution No. 263-16 authorizing the purchase of a 2017 Kenworth 10-wheel cab &
chassis truck for the Street Department in the amount of$122,929 based on a bid to the Twin Falls
Highway District pursuant to Idaho Code 67-2803(l);
9. Approve Resolution No. 264-16 authorizing the purchase of a 2017 Belly Plow and Wing Plow
(including installation) for the Street Department in the amount of$33,400 based on a bid to the
State of Idaho pursuant to Idaho Code 67-2803(1);
10. Approve Resolution No. 265-16 authorizing the purchase of a 2017 Chevy Silverado 3500 HD Crew
Cab for the Street Department in the amount of$29,934.57 based on a bid to the State of Idaho
pursuant to Idaho Code 67-2803(l);
11. Approve Resolution No. 266-16 authorizing the purchase of a Crash Attenuator Trail for the Street
Department in the amount of$25,406.75 from Arrow Board Assembly pursuant to Idaho Code 67-
2803(l);
12. Approve Resolution No. 267-16 authorizing the execution of the Reimbursement Agreement with
Fresca Mexican Foods,LLC associated with the"A"Drain Relocation Project;
13. Approve Resolution No. 268-16 authorizing the execution of the Agreement with PGA Golf
Professional Roger Garner for management and operations of the Fairview Golf Course;
14. Approve Resolution No. 269-16 authorizing the Award of Materials Contract to HD Supply
Waterworks, LTD for the Canyon Hill Lateral 500 Re-Route: 42-Inch C905 DR51 PVC Pipe
Contract in the amount of$281,3 5 8;
15. Approve Resolution No. 270-16 authorizing the Award of Bid for the construction of the Central
Standby Power Plant Project to RSCI in the amount of$2,210,600;
16. Approve Resolution No. 271-16 accepting the Dedication of Sewer, Water, and Storm Drain
Improvements from Hubble Homes for Cirrus Pointe Subdivision No. 3.
MOVED by Pollard, SECONDED by Hopper to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen,. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS:
None.
NEW BUSINESS:
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. APP-16-05: A REQUEST BY TAYLOR
MERRILL AND CASTLE PEAK DEVELOPMENT, LLC TO AMEND CONDITION OF
APPROVAL 14.14 AND DEVELOPMENT AGREEMENT ITEM 2.3 OF CASE FILE NUMBER
SUB-07(P)-13 [CASTLE PEAK SUBDIVISION] REGARDING THE REQUIRED
CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER THE NOBLE DRAIN. THE SUBJECT
PROPERTY IS LOCATED NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF
SANTA ANA AVENUE AND SUMPTER STREET [PARCEL#'S: R3433927100 &R3433901000]
IN CALDWELL,IDAHO)
The Mayor explained the quasi-judicial process and declared the public hearing open. 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 outlined the contents of the
staff report. He provided an aerial map of Castle Peak Subdivision which the Mayor labeled as CC-1000.
Taylor Merrill,P.O. Box 344,Meridian, acknowledged being sworn in and spoke in favor of the request
thus eliminating the pedestrian bridge. He explained that they have installed a pathway that runs
parallel to the Noble Drain on the north side and is a continuous connection to the community pool and
play area.
Joe Roberts, 10309 Colorful Drive, acknowledged being sworn in and spoke in opposition to the request.
He presented a letter of petition from residents of the subdivision opposing the request and asking that
the bridge be required as originally stated within the development agreement. The letter held seventeen
signatures of residents which the Mayor labeled as CC-1001.
Diane Anderson, 10389 Colorful Drive, acknowledged being sworn in and spoke in opposition to the
request. She noted that currently there is an unsightly drainage ditch along the north side. She is
desirous of the bridge to be installed connecting to Santa Ana Street. The drainage ditch needs to be
landscaped. She stated that she is in favor of the Castle Peak Development pathway system connecting
with other community pathways.
BOOK 57 PAGE 185
In rebuttal, Mr. Merrill, addressed the elimination of the bridge as it relates to the overall cost factor.
The maintenance of the riparian right-of-way has been contracted with an outside source. He suggested
that Phase IV be approved and then contact be made with the subdivision residents to participate in the
cost of the pedestrian bridge. He asked that the requirement be removed from the original development
agreement.
In response to questions from Councilman Callsen, Mr. Merrill stated that the development's economic
values have not supported the construction of the bridge.
In response to questions from Councilman Stadick, Mr. Merrill stated that the proposed bridge has been
estimated at $25,000. Councilman Stadick suggested that Mr. Merrill contact the residents to obtain
their support with participating in the bridge's cost.
Mr. Wagoner explained the history of the subdivision's development schedule. He noted that the bridge
and pathway requirement was made part of the development agreement in 2013. Staff has stated that the
bridge provides connectivity between the phases.
In response to questions from Councilman Callsen, Mr. Wagoner stated that the proposed location is
outlined within the original development agreement.
Councilman Hopper reported that one of the items of concern when the original subdivision application
was considered was connectivity between the various phases.
MOVED by Callsen, SECONDED by Ozuna to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.APP-16-05:
The Mayor presented the Evidence List: staff report, sign-up sheets, CC-1000 (aerial map of the subject
property provided by Jarom Wagoner),CC-1001 (letter of petition presented by Mr.Roberts)
MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. APP-16-05:
MOVED by Hopper, SECONDED by Stadick 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 some evidence by the residents within the subdivision that the bridge is desired.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. APP-16-05:
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.APP-16-05:
MOVED by Callsen, SECONDED by Pollard based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No. APP-16-05, a request by Taylor Merrill and Castle
Peak Development, LLC to amend Condition of Approval 14.14 and Development Agreement Item 2.3
of Case File Number SUB-07(P)-13 to remove the requirement to construct a pedestrian bridge over the
Noble Drain is denied.
Roll call vote: Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, 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
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ANN-16-06: A REQUEST BY JOHN
WARDHAUGH TO ANNEX TWO PARCELS TOTALING 0.82 ACRES, MORE OR LESS,
WITH C-3 (SERVICE COMMERCIAL) ZONING DESIGNATION. THE SUBJECT
PROPERTIES ARE LOCATED AT 4905 HWY.20/26 AND 4919 HWY.20/26)
It was noted that the applicant was not in attendance for the public hearing.
MOVED by Callsen, SECONDED by Allgood to continue the public hearing to the next Regularly
Scheduled City Council Meeting on December 5,2016 at 7:00 p.m.
MOTION CARRIED
(APPEAL HEARING: REGARDING JACKSON'S FOOD STORE #149, MIDDLETON ROAD
ACCESS PURSUANT TO CALDWELL CITY ORDINANCE 01-05-09 AND SECTION 4.4 OF THE
JOINT EXERCISE AGREEMENT DATED MARCH 3, 2008 BETWEEN THE CITY OF
CALDWELL AND CANYON HIGHWAY DISTRICT NO.4)
BOOK 57 PAGE 186
It was noted that the appeal request was withdrawn by the applicant.
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ANN-16-05/SUB-16P-02: A REQUEST BY
PROVIDENCE PROPERTIES, LLC TO ANNEX THREE PARCELS TOTALING 109.5 ACRES,
MORE OR LESS, WITH AN R-2 [MEDIUM DENSITY RESIDENTIAL] ZONING
DESIGNATION, APPROVAL OF A DEVELOPMENT AGREEMENT, AND FOR
PRELIMINARY PLAT APPROVAL OF MASON CREEK LANDING SUBDIVISION
CONSISTING OF 315 RESIDENTIAL LOTS AND 34 COMMON LOTS. THE SUBJECT
PROPERTIES ARE LOCATED ON THE EAST SIDE OF MIDDLETON ROAD, BETWEEN THE
SKYWAY STREET ALIGNMENT AND LINDEN ROAD (PARCEL #'S R34307011009
R3430700000,AND R3430101100)IN CALDWELL,IDAHO)
It was noted that the applicant has requested the item be continued to the next City Council Meeting to be
held on December 5,2016.
MOVED by Hopper, SECONDED by Callsen continue the public hearing to the next City Council
Regularly Scheduled Meeting to be held on December 5,2016 at 7:00 p.m.
MOTION CARRIED
(CONSIDER BILL NO. 50 [ORDINANCE NO. 3076] AMENDING CHAPTER 9, ARTICLE 7,
SECTION 09-07-19 OF THE CALDWELL CITY CODE PERTAINING TO THE IMPROPER
PARKING OF VEHICLES, REPEALING AN DELETING SUBSECTION (8) OF CHAPTER 10,
ARTICLE 02, SECTION 13 OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL
EVENTS PERMITTING AND ADOPTING SAID SUBSECTION (WITH MINOR CHANGES) AS
A NEW CHAPTER 06, ARTICLE 23, SECTION 06-23-01 WITH A REQUEST TO WAIVE THE
RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
MOVED by Hopper, SECONDED by Callsen to continue this item to the next City Council Regularly
Scheduled Meeting to be held on December 5,2016 at 7:00 p.m.
MOTION CARRIED
(CONSIDER BILL NO. 51 [ORDINANCE NO. 3077] FOR ANNEXATION OF CIRRUS POINT
SUBDIVISION NO.2 (INSTRUMENT NO.2015041385)AND CIRRUS POINT SUBDIVISION NO.
3 (INSTRUMENT NO. 2016023879) INTO THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor 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
MOVED by Pollard, SECONDED by Stadick to waive the three reading process and consider Bill No. 51
(Ordinance No.3077)on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick,Allgood, 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. 51 (Ordinance No. 3077) and move for
its passage by title only.
Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,031,824.71 for the period ending November 11, 2016, net payroll in the amount of
$306,518.62 for the pay period ending on October 29,2016.
MOVED by Allgood, SECONDED by Pollard that accounts payable in the amount of $1,031,824.71
represented by check numbers 119966 through 120244 and payroll for the total amount of$306,518.62
represented by check numbers 30428 through 30440 and payroll direct deposits, be accepted, payment
approved,and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard expressed appreciation for the Winter Wonderland festival. He asked on the status of a
Spanish class for City employees. The Mayor reported that Monica Jones is working on this matter.
BOOK 57 PAGE 187
Councilman Callsen reported that the Mayor's Youth Advisory Council has changed their meeting time to 5:30
p.m. on Wednesdays as well as the format of their meeting.
Councilman Hopper reported on the recognition of Delphia Lloyd, Chair of the Mayor's Youth Advisory
Council and a member of the National League of Cities (NLC) Youth & Education Committee, at the recent
NLC Conference.
Council Member Ozuna reported on the success of the Winter Wonderland event.
Councilman Stadick reported on the success of the Clay Shoot event hosted by the Caldwell Veterans Council.
Approximately 96 registrants were involved with an additional 50 volunteers at the event. He also provided an
update report concerning the activities of the Golf Board including Roger Garner's contract being extended to
12 months allowing him to market the course.
(MAYOR'S COMMENTS)
The Mayor provided a report on the success of the Veterans Memorial Celebration at the Caldwell Veterans
Memorial Hall. Approximately 300 citizens were in attendance.
The Mayor reported on the recent National League of Cities Conference he attended last week in Pittsburg. He
noted that items of discussion included municipal law enforcement matters, funding for the CDBG and
municipal bonds.
Upcoming Events:
• Mayor's Cup Basketball Tournament Game: College of Idaho vs. Northwest Nazarene University on
Tuesday,November 22nd
• Thanksgiving on November 24th. City Hall will be closed on November 24th and 25th.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Allgood to adjourn at 8:27 p.m.
MOTION CARRIED
APPROVED AS written THIS 5th t DAY OF December ,2016.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk