HomeMy WebLinkAbout2019-09-03 City Council Minutes BOOK 60 PAGE 122
CALDWELL CITY COUNCIL
REGULAR MEETING
MINUTES
Tuesday,September 3,2019
7:00 P.M.
Mayor Nancolas called the meeting to order at 7:00 p.m.and welcomed those in attendance.
Darrell Bolz of the Caldwell United Methodist Church provided the invocation. Mayor Nancolas 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 considered action items]
1. Approve acceptance of the minutes of the City Council Regularly Scheduled Meeting held on
August 19, 2019, the Caldwell Friends of the Depot Meeting held on June 13, 2019; and the
Caldwell Youth Master Plan Committee Meeting held on June 25, 2019;
2. Approve Resolution No.209-19 authorizing the execution of the CDBG Subrecipient Agreement
with Caldwell Public Works Department for completion of ADA facility updates for the City-
owned buildings: City Hall (411 Blaine Street), Development Services (621 Cleveland
Boulevard),and Caldwell Police Department(110 South 5th Avenue)in the amount of$15,000;
3. Approve request from Jackson's Food Stores, Inc. for a new Alcohol Beverage License (Beer&
Wine)for the business known as Extra Mile#164 located at 2804 Blaine Street;
4. Approve Resolution No. 210-19 declaring furniture located at Caldwell Police Department as
surplus for disposition at public auction;
5. Approve Resolution No. 211-19 authorizing Caldwell Police Department to take possession of a
non-armored military surplus vehicle through the federal 10-33 program;
6. Approve Resolution No. 212-19 authorizing Caldwell Police Department to dissolve the Police
Activity League (P.A.L.) program and reinvest the funds into the "Cops, Kids, and Community
Fund" for the purpose of funding community events to include but not limited to Shop-With-A-
Cop, Boys-Night-Out, Girls-Night-Out and other community events as organized by the Caldwell
Police Department;
7. Approve Resolution No. 213-19 accepting the recommendation of the Trustees of the City of
Caldwell Employee Benefit Plan Trust to execute the Consulting Agreement between the City of
Caldwell Employee Benefit Plan Trust and the Murray Group with an effective date of October 1,
2019;
8. Approve Resolution No. 214-19 accepting the recommendation of the Trustees of the City of
Caldwell Employee Benefit Plan Trust to execute the Administrative Blueprint between the City
of Caldwell Employee Benefit Plan Trust and Regence Blue Shield of Idaho with an effective date
of October 1,2019;
9. Approve Resolution No. 215-19 authorizing the execution of the Rollforward GASB 75 Retiree
Health Evaluation with Arthur J.Gallagher&Company for the year ended September 30,2019 in
the amount of$2,500;
10. Approve Resolution No. 216-19 authorizing the execution of an amended Memorandum of
Understanding for Internet Crimes Against Children (ICAC) Task Force Agreement between the
Caldwell Police Department and the Office of the Idaho Attorney General;
11. Approve Resolution No. 217-19 authorizing the purchase of a 2005 Chevrolet 3500 pickup truck
in the amount of$18,788 for use by the City of Caldwell Forestry Department;
12. Approve Resolution No. 218-19 accepting a Quitclaim Deed from Doeppel Premier Properties
Idaho LLC for future right-of-way development of Laster Lane;
13. Approve Resolution No. 219-19 accepting dedication of sewer, water, storm drain, pressure
irrigation and street light facilities from Hayden Homes Idaho LLC for Voyage Crossing North
Subdivision Phase No. 1;
14. Approve Resolution No. 220-19 ratifying the purchase and installation of chain link fencing from
D & W All Types Fencing in the amount of $17,325 for the yard expansion at the Parks
Department;
BOOK 60 PAGE 123
15. Approve Resolution No. 221-19 authorizing the execution of a Utility Agreement with
WANRack, LLC to install, operate and maintain a private network upon or within certain streets
and public rights-of-way within the municipal boundaries of the City of Caldwell.
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 FOR THE VACATION OF PUBLIC ALLEY
BETWEEN 11Th & 12T" AVENUE AND CHICAGO AND BELMONT STREET FOR THE
PURPOSE OF FUTURE DEVELOPMENT)
The Mayor declared the public hearing open.
Robb MacDonald, City Engineer at 621 Cleveland Boulevard, provided the staff report. He reported
that the vacation would accommodate development with the Canyon County jail complex for a
temporary housing unit. The proposed vacation does not create any landlocked parcels. Public utilities
were notified and have no objections to the request. The Caldwell Traffic Commission has reviewed
the request and recommends its approval.
In response to comments from Councilman Hopper, Mr. MacDonald concurred that the request is to
vacate one-half of the alleyway as indicated within the legal description included in the accompanying
ordinance.
MOVED by Pollard, SECONDED by Allgood to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO.37(ORDINANCE NO.3229)FOR THE VACATION
OF PUBLIC ALLEY BETWEEN 11T"AND 12T" AVENUE AND CHICAGO AND BELMONT
STREET 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 COUNCIL OF THE CITY OF CALDWELL, IDAHO, RECITING
PETITION FOR VACATION OF PUBLIC ALLEY BETWEEN 11TH AND 12TH AVENUE AND
BETWEEN CHICAGO AND BELMONT STREET; RECITING THAT APPROPRIATE NOTICE
WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID PUBLIC
ALLEY BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID PUBLIC
ALLEY SHALL BE VACATED;PROVIDING AN EFFECTIVE DATE.
MOVED by Callsen, SECONDED by Stadick to waive the three reading process and consider Bill No.
37(Ordinance No.3229)on its first reading by title only.
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 Callsen, SECONDED by Stadick to sponsor Bill No. 37(Ordinance No. 3229)and move
for its passage by title only.
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
(ACTION ITEM: CONSIDER RESOLUTION NO. 222-19 ADOPTING A SCHEDULE OF
FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS SPECIFIED BY
CITY CODE FOR THE CALDWELL EVENT CENTER,CANYON HILL CEMETERY,CITY
CLERK, CALDWELL FIRE DEPARTMENT, GOLF DEPARTMENT, PLANNING &
ZONING DEPARTMENT, CALDWELL POLICE DEPARTMENT, AND CALDWELL
PARKS&RECREATION DEPARTMENT)
Carol Mitchell, Finance Director at 411 Blaine Street, presented the staff report and recommended
approval of the fees as provided.
The Mayor read the resolution by title only:
BOOK 60 PAGE 124
A RESOLUTION OF THE CITY OF CALDWELL, IDAHO, A MUNICIPAL CORPORATION OF
IDAHO,ADOPTING A SCHEDULE OF FEES FOR SERVICES PROVIDED AND REGULATORY
CHARGES AS SPECIFIED BY CITY CODE FOR CALDWELL EVENT CENTER, CANYON
HILL CEMETERY, CITY CLERK, CALDWELL FIRE DEPARTMENT, GOLF, PLANNING &
ZONING,CALDWELL POLICE DEPARTMENT,AND CALDWELL PARKS&RECREATION.
MOVED by Pollard,SECONDED by Allgood to approve Resolution No.222-19 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
(ACTION ITEM: PUBLIC HEARING CONCERNING THE BUDGET AMENDMENT FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 FOR
THE CITY OF CALDWELL)
The Mayor declared the public hearing open.
Carol Mitchell, Finance Director at 411 Blaine Street, outlined the contents of the proposed Budget
Amendment and recommended its approval.
Beth Orde,2101 Circle Drive,acknowledged being sworn in and spoke as neutral to the request. She
questioned the amount of expenditures versus revenue under the Park Impact Fee category. She noted
the sizeable increase of expenditures in comparison to the allocated amount within the FY-2019
budget. She questioned if such necessary budget amendments would reflect in future property tax
increases for citizens.
Mayor Nancolas reported that the increase reflected the use of Park Impact Fees for the acquisition of
acreage for the Brother's Park expansion project thereby using previously collected fund balance. He
reported that a community member recently donated$100,000 to assist with the purchase of the subject
parcel.
Discussion followed concerning the use of impact fees noting that the purpose, usage, and designated
time limits are outlined within the Idaho State Code.
MOVED by Pollard,SECONDED by Allgood to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 39 (ORDINANCE NO. 3231) AMENDING
ORDINANCE NO.3172(BILL 42)FOR FISCAL YEAR BEGINNING OCTOBER 1,2018 AND
ENDING SEPTEMBER 30, 2019 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,AMENDING ORDINANCE NO. 3172
(Bill 42), THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 APPROPRIATING ADDITIONAL
MONIES THAT ARE TO BE RECEIVED AND/OR EXPENDED BY THE CITY OF CALDWELL,
IDAHO, IN THE SUM OF$2,250,251 AND PROVIDING AN EFFECTIVE DATE.
MOVED by Pollard, SECONDED by Hopper to waive the three reading process and consider Bill No.
39(Ordinance No.3231)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. 39(Ordinance No. 3221)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
NEW BUSINESS
(ACTION ITEM: CONSIDER THE ACCEPTANCE OF THE PROPOSED FEE INCREASES
EXCEEDING 5% OF THAT PREVIOUSLY CHARGED BY THE AIRPORT DEPARTMENT,
WATER DEPARTMENT, AND ENGINEERING DEPARTMENT AND SET THE PUBLIC
HEARING AT THE REGULARLY SCHEDULED CITY COUNCIL MEETING TO BE HELD
ON MONDAY,SEPTEMBER 16,2019 AT 7:00 P.M.)
BOOK 60 PAGE 125
Brent Orton, Public Works Director,outlined the contents of the public notice concerning the proposed
fee increases and recommended setting the public hearing date for Monday, September 16,2019.
MOVED by Callsen, SECONDED by Hopper to accept the proposed fee increases exceeding 5% of
that previously charged by the Airport Department, Water Department, and Engineering Department
and set the public hearing at the Regularly Scheduled City Council Meeting to be held on Monday,
September 16,2019 at 7:00 p.m.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 13 (ORDINANCE NO. 3205) AMENDING THE
USES FOR THE CAPITAL IMPROVEMENT FUND AS PREVIOUSLY ESTABLISHED BY
BILL NO.30,ORDINANCE NO.2005 PASSED ON SEPTEMBER 7, 1993 WITH A REQUEST
TO WAIVE THE RULES AND PASS ON THE FIRST READING)
Carol Mitchell, Finance Director at 411 Blaine Street,reported that this item was previously discussed
a City Council Budget Workshop held in May 2019. This ordinance would add clarification to
definitions such as minimum price and life of purchased items. The suggested changes would update
the City's procedure regarding use of the Capital Improvement Fund.
In response to questions from Councilman Hopper,City Attorney Mark Hilty stated that by approving
the ordinance, there is no stipulation making the Capital Improvement Fund the exclusive source of
funding various items that match the criteria as stated within the document. Mr. Hilty further
clarified that the intent of the ordinance is to broaden the applicability of the Capital Improvement
Fund.
The Mayor read the ordinance by title only:
AN ORDINANCE AMENDING THE USES FOR THE CAPITAL IMPROVEMENT FUND AS
ESTABLISHED BY BILL NO. 30, ORDINANCE NO. 2005, PASSED ON THE 7th DAY OF
SEPTEMBER, 1993; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF, IN CONFLICT HEREWITH.
MOVED by Callsen, SECONDED by Stadick to waive the three reading process and consider Bill No.
13 (Ordinance No.3205)on its first reading by title only.
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 Callsen, SECONDED by Stadick to sponsor Bill No. 13 (Ordinance No. 3205) and move
for its passage by title only.
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
(ACTION ITEM: CONSIDER BILL NO. 30 (ORDINANCE NO. 3222-A) AMENDING
ORDINANCE NO. 3222 PASSED ON JULY 1, 2019 REGARDING THE ALLOWANCE OF
NON-PROFIT FUNDRAISING ACTIVITIES WITHIN THE CITY OF CALDWELL WITH A
REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
Mark Hilty, City Attorney at 1303 12th Avenue Road, Nampa, provided the staff report concerning
recent amendments to the ordinance.
In response to questions from Councilman Allgood,the Mayor reported that the sia:-hour time limit on
non-profit fundraising activities was the result of research conducted by the City Clerk. He noted that
other Idaho municipalities have imposed similar limitations.
In response to questions from Councilman Pollard, City Clerk Debbie Geyer clarified that the
ordinance allows for non-profit organizations to seek permits through the City Clerk's Office for
fundraising activities. She noted that the Ordinance No. 3222 previously passed on July 1, 2019
addressed the coordination of vendors in the downtown in association with events and the
discontinuance of vendors along parade routes due to safety concerns.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING ORDINANCE
NO. 3222, BILL NO. 30, PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL ON JULY 1, 2019; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
BOOK 60 PAGE 126
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF, IN CONFLICT HEREWITH.
MOVED by Pollard, SECONDED by Stadick to waive the three reading process and consider Bill No.
30(Ordinance No.3222-A)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 Stadick to sponsor Bill No. 30 (Ordinance No. 3222-A) 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
(ACTION ITEM: CONSIDER RESOLUTION NO.208-19 PURSUANT TO IDAHO CODE 50-
2005 FINDING THAT A DETERIORATED OR DETERIORATING AREA EXIST IN AND
ADJACENT TO THE CITY OF CALDWELL AND THE REHABILITATION,
CONSERVATION, AND REDEVELOPMENT OF SUCH AREA IS NECESSARY IN THE
INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS OR WELFARE OF THE
RESIDENTS OF THE AREA AND THERE IS NEED FOR AN URBAN RENEWAL AGENCY
ACTIVITY IN THE AREA)
Mark Hilty, City Attorney at 1303 12th Avenue Road, Nampa, provided the staff report and
outlined findings by use pictures of the subject area. He stated that a designation of the
deteriorated area is required as the initial requirement by Idaho Code for the proposed
redevelopment. There currently is a lack of economic development efforts and a need for
infrastructure and access improvements within the subject area.
Contact has been made with owners of commercial and industrial used parcels as well as state-
owned parcels. Explanation has been provided to the land owners explaining the plan to upgrade
the area. He outlined some of the current incompatible uses, noting that redevelopment would
increase the economic base as well as provide additional recreational opportunities with such
improvements.
In response to questions from Councilman Stadick, Mr. Hilty noted that the proposed URA
reallocation area would include Farmway Village.
In response to questions from Councilman Pollard, Mr. Hilty reviewed the history of the current
Caldwell Urban Renewal Agency, which was established in 1998. He referenced mandated
procedures outlined within the Idaho State Code for establishing a URA new reallocation area.
The current Caldwell URA revenue allocation area will sunset in 2021. He noted that the City of
Boise has approximately twelve URA reallocation areas and that there are some cities in eastern
Idaho that create an urban renewal agency area around a single-site development with the intent of
attracting a single user. He stated that Caldwell has been very successful in the past by
comprehensively planning an entire area and incentivizing its appropriate development on a large
scale.
The Mayor reported that contact has been made with property owners within the subject area
where the parcel is actively involved in agricultural use, noting that permission must be given by
those property owners for the parcel to be included within the project area.
Mr. Hilty clarified that tonight Council would only consider certain findings regarding the
condition of properties within the designated area. Additional documents regarding the new
reallocation area plan are under review at this time but will be presented by November for
Council's consideration.
Councilman Callsen stated his support for approving the findings as outlined within the proposed
resolution in relation to the subject area and therefore establishing that the area is appropriate for
urban renewal activity.
The City Attorney emphasized that approval of such findings does not establish an URA project
area or revenue allocation area.
BOOK 60
PAGE 127
The Mayor read the resolution by title only:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO FINDING
THAT A DETERIORATED AND DETERIORATING AREA, AS DEFINED BY IDAHO LAW,
EXISTS IN AND ADJACENT TO THE CORPORATE CITY LIMITS OF CALDWELL; THE
REHABILITATION, CONSERVATION, REDEVELOPMENT, OR A COMBINATION THEREOF,
OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY,
MORALS OR WELFARE OF THE RESIDENTS OF CALDWEL; AND THERE IS NEED FOR
THE URBAN RENEWAL AGENCY TO FUNCTION IN SUCH AREA.
MOVED by Callsen, SECONDED by Ozuna to approve Resolution No. 208-19 pursuant to Idaho
Code 50-2005 acknowledging the need for an urban renewal area to function in the area as described.
Roll call vote: Those voting yes: Callsen, Stadick, Allgood, Ozuna, and Hopper. Those voting no:
Pollard. 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$1,582,943.56 for the period ending August 28, 2019, a net payroll of$367,642.52 for
the pay period ending August 17,2019.
MOVED by Allgood, SECONDED by Hopper that accounts payable in the amount of$1,582,943.56
represented by check numbers 139892 through 140131 and payroll in the amount of $367,642.52
represented by check numbers 33795 through 33837 and direct deposits be accepted, payments
approved and vouchers filed in the office of the City Clerk.
(COUNCIL COMMENTS) MOTION CARRIED
None.
(MAYOR'S COMMENTS)
The Mayor reported on the ceremony held on August 29th at the Caldwell Police Department. Seven
new officers were sworn in, two officers were promoted, and four retired officers were honored. The
CPD bagpipe honor guard performed for the first time at the ceremony.
The Mayor reported on the success of The College of Idaho first football game of the season, which
was held on Saturday,August 31St
Upcoming Events:
September 9, 2019 Urban Renewal Agency Meeting at 7:00 p.m.
September 16, 2019 Next Regularly Scheduled City Council Meeting at 7:00 p.m.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, 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 Pollard, SECONDED by Hopper to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection(c)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 8:33 p.m.
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
The Mayor reported that no decisions were made or action taken within the Executive Session.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Stadick to adjourn at 8:42 p.m.
MOTION CARRIED
BOOK 60 PAGE 128
APPROVED AS written THIS 1e DAY OF September ,2019.
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