HomeMy WebLinkAbout2018-09-04 City Council Minutes Regular Meeting BOOK 59 PAGE 114
REGULAR MEETING
Caldwell City Council
Tuesday,September 4,2018
7:00 P.M.
Mayor Nancolas opened the meeting and welcomed those in attendance. Reverend Kelly Culver of
Caldwell Youth for Christ 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.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR[All Consent Calendar items are action items]
1. Approve the minutes of the Regularly Scheduled City Council Meeting held on August 20,2018;the
Caldwell Design Review Commission Meetings held on June 28,2018 and July 24,2018;the Caldwell
Senior Center Board Meetings held on July 11,2018 and August 8,2018;the Caldwell Youth Master
Plan Committee Meeting held on April 24,2018;and the Caldwell Housing Authority Board Meeting
held on April 20,2018;
2. Approve the Order of Decision for Case No.SUB-18P-06(Canyon Village Shops Subdivision);
3. Approve Resolution No.236-18 adopting the City Pay Scale and Position Scale with an effective date
of October 1,2018;
4. Approve Resolution No. 237-18 adopting the Caldwell Police Pay Scale with an effective date of
October 1,2018;
5. Approve Resolution No. 238-18 authorizing the execution of an Amendment to the EAP Contract
Renewal to allow for the provision of Telehealth Behavioral Health Counseling Services with BPA
Health with an effective date of October 1,2018;
6. Approve Resolution No. 239-18 authorizing the execution of a Caldwell Industrial Airport Tenant
Agreement with the City of Caldwell and the Caldwell Water Department;
7. Approve Resolution No. 240-18 authorizing the purchase of a 2018 Brush Chipper through a Joint
Purchase Association Contract in the amount of$35,702.00 as appropriated within the FY-2018 budget
for use by the Street Department;
8. Approve Resolution No.241-18 authorizing the execution of the Consent to Use Agreement with the
Department of the Interior Bureau of Reclamation(Contract#8-07-11-L4061)for a pedestrian crossing
of the Wilson Drain;
9. Approve Resolution No. 242-18 authorizing the designation of the existing tennis courts located at
Luby Park to be used as pickleball courts and to permit the Caldwell pickleball organization to rehab
the courts accordingly;
10.Approve Resolution No. 243-18 authorizing the execution of a Standard Agreement and General
Conditions Between Owner and Construction Manager for Preconstruction Construction
Manager/General Contractors (CMGCs) services relating to the construction of the Caldwell Police
Department Building Addition;
11.Approve request from Caldwell Witco (a non-profit organization) to waive the Memorial Park
Bandshell Rental Fee of$125.00 for an agency event scheduled on September 14,2018;
12.Approve Resolution No. 244-18 authorizing the execution the School Resource Officer Agreement
with Caldwell School District No. 132 effective July 1,2018 through June 30,2019;
13.Approve Resolution No.245-18 authorizing the execution of the Dispatch Services Agreement with
Canyon County effective October 1,2018 through September 30,2021 with the provision that the City
of Caldwell may extend the Agreements for an additional period effective October 1,2021 through
September 30,2024 upon appropriate notification;
14.Approve Resolution No.246-18 accepting a Quitclaim Deed from the Urban Renewal Agency of the
City of Caldwell for the purpose of developing Skyway Street;
15.Approve Resolution No.247-18 accepting a Quitclaim Deed from the Urban Renewal Agency of the
City of Caldwell for real property located at the northerly corner of S. Kimball Avenue and Arthur
Street in Block 4 of the Original Townsite of Caldwell more commonly known as "Indian Creek
Plaza";
16.Approve Resolution No.248-18 accepting a Quitclaim Deed from Corey Barton for property located at
KCID Road and Skyway Street for future right-of-way development;
BOOK 59 PAGE 115
17.Approve Resolution No.249-18 accepting an Easement from Price Pump Manufacturing Company for
operating and maintaining general utilities and drainage, irrigation, sewer and water lines to Price
Pump Manufacturing Company.
MOVED by Pollard,SECONDED by Allgood 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
(ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 63-1311A TO
CONSIDER ACCEPTANCE OF THE FEES FROM THE CALDWELL INDUSTRIAL AIRPORT,
WATER DEPARTMENT, AND BUILDING SAFETY FEES IN EXCESS OF 5% OF THE
AMOUNT PREVIOUSLY CHARGED)
Brent Orton,Public Works Director at 621 Cleveland Blvd,provided the staff report,outlined the proposed
fee increases within the Airport,Water,and Building Safety Departments and recommended their approval.
Airport Fees—The proposed FY2019 Fee Resolution maintains the present fee structure but incorporates a fee
increase of 5.479% in harmony with the Consumer Price Index based rate adjustment provisions of the
Standard Lease Agreement but rounded by a ten thousandth. Without rounding the monthly billing for land
lease rate would increase from$0.1530 to$0.1614.
Water Fees—The proposed FY2019 Fee Resolution maintains the present fee structure but increases some fees
in an amount exceeding 5%of that previously charged as follows: Bulk Water charges will be adjusted to be
uniform with the standard water usage rate,restoration of delinquency related disconnected accounts will be
increased to$20.00 from$15.00.
Buildinu Safety Fees—The proposed FY2019 Fee Resolution maintains the present fee structure but clarifies
valuations for moved structures,adding fees for appeals of an inspector's decision to the Building Official at
$50.00 and Appeals of a decision of the Building Official to an Appeals Board in the amount of$150.00 to
defray the cost of processing such appeals,creating a"Restamping"fee for necessary review against approved
plans and restamping in cases of lost or stolen job-site construction plan sets(not applicable for electronically
submitted and approved plans)in the amount of$100,and increasing fees in an amount exceeding 5%of that
previously charged for demolition permits to defray the actual cost of processing the same.
MOVED by Hopper,SECONDED by Stadick to close the public hearing.
MOTION CARRIED
Mr. Orton reported that the fees would be included within the fee resolutions from the Public Works
Department to be considered at the next Regularly Scheduled Meeting on September 17,2018.
NEW BUSINESS
(ACTION ITEM: CONSIDER ACCEPTANCE OF THE AMENDED BUDGET FOR FISCAL
YEAR 2018 FOR THE CITY OF CALDWELL AND SET THE PUBLIC HEARING DATE FOR
MONDAY,SEPTEMBER 17,2018 AT 7:00 P.M.)
Carol Mitchell, Finance Director at 411 Blaine Street, provided the staff report and recommended the
acceptance of the Amended Budget and set the public hearing date for September 17,2018.
Moved by Stadick,SECONDED by Hopper to accept the Amended Budget as presented and set the public
hearing date for September 17,2018
Roll call vote:Those voting yes:Stadick.Allgood,Ozuna,Hopper,Callsen,and Pollard. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING(QUASI-JUDICIAL):CASE NO.DAN-18-01:A REQUEST
BY TAMARA&MARVIN THOMAS TO DE-ANNEX FROM THE CITY OF CALDWELL 1.35
ACRES,MORE OR LESS. THE PROPERTY IS ZONED RS-1(RESIDENTIAL ESTATES)AND
IS LOCATED AT 21250 MIDLAND BOULEVARD (PARCEL R3406300000) IN CALDWELL,
IDAHO)
Mayor Nancolas explained the quasi-judicial process and 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 noted that the de-annexation request includes 1.35 acres. The applicant desires the property to
revert to Canyon County agriculture zoning. The subject parcel and surrounding property was annexed
into the City of Caldwell as part of a proposed subdivision,which was not developed. The surrounding
property was sold and de-annexed through the judicial system. The subject property is the northern piece
BOOK 59 PAGE 116
of property as part of that transaction and remains within the City Limits. A residential home is located on
the property. The home does not have City services located at the site or within its close proximity.
In response to questions from Councilman Callsen,Mr.Wagoner noted that there are no other properties
connected to this property needing connectivity to the City Limits.
In response to questions from Councilman Hopper,Mr.Wagoner reported that there is no active plat for the
property located to the south of the subject site. A gravel mining extraction company has purchased all of
the property and instigated the prior de-annexation process through the courts. The same company owns
both the southern parcel and the northern de-annexed parcels.
In response to questions from Councilman Stadick,Mayor Nancolas responded that the parcel will remain
on the Canyon County tax roll and removed from the City's tax roll.
In response to questions from Councilman Hopper, Mr. Wagoner stated that the parcel is under new
ownership within the last year. La Bella Vida Development was the previous owner.
MOVED by Callsen,SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.DAN-18-01:
The Mayor presented the Evidence List:staff report,sign-up sheets,and the aerial map of DAN-18-01.
MOVED by Hopper,SECONDED by Stadick to accept the Evidence List as presented.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.DAN-18-01:
MOVED by Allgood,SECONDED by Ozuna to accept the general facts as outlined in the staff report,the
public testimony that was given in this matter,and the evidence list.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.DAN-18-01:
MOVED by Ozuna,SECONDED by Allgood 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.DAN-18-01
MOVED by Pollard,SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case Number DAN-18-01 a request by Marvin&Tamara
Thomas to de-annex 1.35 acres,more or less,from the City of Caldwell for the property located at 21250
Midland Boulevard(Parcel R3406300000)in Caldwell,Idaho,is approved.
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 Stadick,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO.33(ORDINANCE NO.3163)FOR CASE NO.DAN-18-01
(THOMAS DE-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 PURSUANT TO IDAHO CODE§50-225 DETERMINING THAT CERTAIN LAND
HAS BEEN INCORPORATED INTO THE LIMITS OF CALDWELL,IDAHO AND THAT SAID LAND
SHOULD BE EXCLUDED FROM THE CORPORATE LIMITS OF THE CITY OF CALDWELL,
IDAHO;DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW
TO BE EXCLUDED FROM CALDWELL, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO REMOVE SAID PROPERTY FROM 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 TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE
EXCLUDED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX
COMMISSION,PURSUANT TO IDAHO CODE§63-215.
BOOK 59 PAGE 117
MOVED by Pollard,SECONDED by Allgood to waive the rules and consider Bill No.33(Ordinance No.
3163)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 Callsen to sponsor Bill No. 33(Ordinance No.3163),move for its
passage by title only,and approve the summary for publication.
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
(ACTION ITEM: CONSIDER RESOLUTION NO. 250-18, ACCEPTING THE ASSESSMENT
ROLL FOR L.I.D.NO.16-2 AND SETTING THE PUBLIC HEARING FOR OCTOBER 1,2018 AT
7:00 P.M. TO HEAR COMMENTS CONCERNING THE ENGINEER'S REPORT AND
ASSESSMENT ROLL BY PROPERTY OWNERS OF THE DISTRICT)
Robb MacDonald,City Engineer at 621 Cleveland Blvd.,provided the staff report and recommended that
the public hearing date be set for October 1,2018.
The Mayor read the resolution by title only:
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CALDWELL,AN IDAHO MUNICIPAL
CORPORATION,PURSUANT TO IDAHO CODE 50-1712 ACCEPTING THE ASSESSMENT ROLL
PREPARED IN CONNECCTION WITH L.I.D.NO. 16-2,DIRECTING THAT IT BE FILED OIN THE
OFFICE OF THE CITY CLERK, AND FIXING A TIME AND PLACE WHEN AND WHERE THE
COUNCIL WILL CONSIDER THE ASSESSMENT ROLL AND HEAR ALL OBJECTIONS THERETO.
Moved by Stadick, SECONDED by Hopper to accept the assessment roll for L.I.D.No. 16-2 and set the
public hearing date for October 1,2018 at 7:00 p.m.at the Regularly Scheduled City Council Meeting.
Roll call vote:Those voting yes:Stadick.Allgood,Ozuna,Hopper,Callsen,and Pollard. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(ACTION ITEM: FINANCE REPORT ACCEPTANCE)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of$1,159,611.26 for the period ending August 29,2018 and a net payroll of$339,598.91 for the
period ending August 18,2018.
MOVED by Allgood,SECONDED by Hopper to accept accounts payable in the amount of$1,159,611.26
represented by check numbers 133049 through 133310 and payroll in the amount of $339,598.91
represented by check numbers 32665 through 32695 and direct deposits be accepted,payments approved,
and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilwoman Ozuna reported that the Compassion Caldwell event will be held on September 22,2018.
Councilman Hopper reported that the Indian Creek Festival event will be held on September 14 & 15,
2018.
Councilman Pollock reported that a workday would be conducted on Thursday,September 6,at 5:30 p.m.
for cleaning up the vineyard located in the Indian Creek Park at Kimball and Blaine Street. Volunteers are
welcome.
(MAYOR'S COMMENTS)
The Mayor reported that the College of Idaho Coyotes football season is underway.
The Mayor reported that he met with a representative from Guardian ad Litem. The organization is looking
for a new location and will be contacting Canyon County.
The grand opening event for Bi-Mart was held on August 30'.
A meeting is scheduled on September 5'for the continued master planning of the Caldwell Event Center
with representatives from Canyon County, Canyon County Fair, College of Idaho, and the City of
Caldwell.
BOOK 59 PAGE 118
Upcoming events:
• September 6'at 11 a.m.: Ground-breaking ceremony at the College of Idaho for the new fencing
project. An alumnus donation provided the funding.
• September 7'at 6:30 p.m.: Ground-breaking ceremony for improvements to be made at the BMX
track.
• September 26': Final day ofthe Caldwell Farmer's Market.
• September 17': The next Regularly Scheduled City Council Meeting.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (C)
FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL
PROPERTY NOT OWNED BY A PUBLIC AGENCY)
MOVED by Callsen, SECONDED by Stadick to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection (c) for the purpose of discussing the acquisition of or an interest in real
property not owned by a public agency at 7:38 p.m.
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
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Callsen to adjourn at 7:54 p.m.
MOTION CARRIED
APPROVED AS written THIS ITh DAY OF September 2018.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk