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HomeMy WebLinkAbout2020-04-20 City Council Minutes (2) 111. cALDWELL REGULAR CITY COUNCIL MEETING AGENDA Monday,April 20,2020 7:00 PM IINVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS A. Proclamation: National Victims'Rights Week(April 19-25, 2020) AUDIENCE PARTICIPATION. CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS] 1. Approve the minutes of the Regularly Scheduled City Council Meeting held on April 4, 2020; 2. Approve Resolution authorizing the extension of Mayor Garret L. Nancolas' Declaration of Emergency dated March 16, 2020 concerning the Novel Coronavirus (COVID-19)to May 18, 2020; 3. Approve Resolution authorizing the execution of the Consent to Use Agreement from the United States Department of Interior, Bureau of Reclamation, for the purpose of installing, operating and maintaining a water main line under the Deer Flat Canal and the Forest Canal, which will be constructed as a water main line extension project by the Vallivue School District; 4. Approve Resolution declaring excess owned kitchen appliances and field equipment from the Caldwell Golf Department as surplus for the disposition at public auction; 5. Approve Resolution accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities in Cedar Crossing Subdivision No. 4; 6. Approve Resolution authorizing the purchase of a Widespin 1550 Broadcast Top Dresser in the amount of$17,396 from Turf Equipment and Irrigation for use at Purple Sage Golf Course; 7. Approve Resolution authorizing the execution of an Independent Contractor Agreement with Elizabeth McNannay doing business as Resource Consultants effective April 20, 2020 for completing the HUD Community Development Block Grant (CDBG) Five-Year Annual Action Plan, begin the second Five-Year Consolidated Plan and assist with facilitation of the Regional Treasure Valley Analysis of Impediments for HUD CDBG; 8. Approve Resolution authorizing the execution of an Independent Contractor Agreement with Elizabeth McNannay doing business as Resource Consultants effective April 20, 2020 in the amount of $23,800.00 for assistance and administration of the Community Development Block Grant (CDBG) and Community Development Block Grant-CV (CDBG-CV) activities. OLD BUSINESS: 1. ACTION ITEM: Public Hearing (Quasi-Judicial): Case No. APP-19-06: A request by Tom Mortensen to appeal the Planning and Zoning Director's interpretation of City Code Chapter 10-07 to require landscaping improvements for the property located at 5816 Cleveland Boulevard (Parcel R3246000000), in Caldwell, Idaho. (Continue to the Regularly Scheduled City Council Meeting on May 18,2020) 2. ACTION ITEM: Continued from February 18, 2020 Public Hearing (Quasi-Judicial): Case No. ANN-19-14/SUB-19P-08: A request by Trilogy Idaho, LLC and Kent Brown to annex 34.7 acres, more or less, with an R-2 (Medium Density Residential) zoning designation with an Annexation Agreement, and for Preliminary Plat approval of Marblefront West Subdivision, a proposed development of 132 residential lots and 16 common lots. The subject property is located on the south side of Marble Front Road, approximately 1600 feet east of the intersection of Aviation Way and Marble Front Road, in Caldwell, Idaho (Parcel #: R3527900000). (Continue to the Regularly Scheduled City Council Meeting on May 18,2020) 3. ACTION ITEM: Continued from February 18,2020 Consider Bill No. 54 (Ordinance No. 3246) for Case No. ANN-19-14 (Marblefront West Annexation) with a request to waive the rules, pass on the first reading, and approve the summary for publication. (Continue to the Regularly Scheduled City Council Meeting on May 18,2020) Page 1 of 2 NEW BUSINESS 1. ACTION ITEM: Consider Bill No. 16 (Ordinance No. 3273-A) authorizing the Mayor, pursuant to Idaho Code §§ 50-304 and 50-606, to implement by appropriate order any measures, at his discretion and until 9:00 p.m. on May 18, 2020, that are recommended by public health agencies to prevent the spread of COVID-19, with a request to waive the rules, pass on the first reading, and approve the summary for publication. 2. ACTION ITEM: Consider Resolution No. 110-20 authorizing the execution of the Development Agreement, Declaration of Covenants and Public Improvements Exhibit with St. Luke's Regional Medical Center, LTD and BVA North Ranch, LLC. 3. ACTION ITEM: Council's declaration that certain property located generally along the west side of I-84 between exits 26 and 27 is underutilized for public purposes and the Caldwell City Council intends to exchange it for other property, owned by Two Bridges Associates LP, that will provide a better alignment for Chicago Street north of the West Canyon Canal. 4. ACTION ITEM: Finance Report acceptance. 5. Council Reports. 6. Mayor's Comments. 7. Adjournment. Next Regular City Council Meeting is on Monday, May 4, 2020 at 7:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the meeting should contact the City Clerk at 411 Blaine Street or call #455-4656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.citvofcaldwell.com. Cualquier persona que necesita arreglos especiales para participar en la reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o llame al # 455 a 4656 antes de la reunion. Page 2 of 2 BOOK 61 PAGE 43 REGULAR MEETING Monday,April 20,2020 7:00 P.M. The Mayor reported that the majority of the City Council Members were participating in tonight's meeting via phone/on-line and the meeting is being streamed via the interne for the public to view. Brent Orton, City of Caldwell Public Works Director, provided the invocation. The Mayor led the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present; Pollard, McGee (via phone), Allgood (via phone), Wagoner (via phone), Hopper (via phone), and Callsen (via phone). CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Proclamation—National Victims'Rights Week(April 19-25): The Mayor acknowledged the importance of the proclamation and signed the document. Whereas, the victims' rights movement has resulted in the passage of `laws at the local, state, and federal levels that established essential rights for victims; Whereas, crime victims' rights acts passed here in Idaho and at the federal level have provided victims with ways to participate meaningfully throughout the criminal justice process; Whereas, the rights of crime victims are best protected when all participants in the criminal justice process-not only victims-are appropriately educated about victims'rights; Whereas, supporting victims of crime is crucial to the U.S. justice System because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self-defined goals; Whereas, we must help victims access the justice, assistance, and support they need to rebuild their lives; Whereas, advocacy by and for victims of crime is itself a form of seeking justice, no less than justice sought in the courts; Whereas, the accomplishments of the victims' rights movement — achieved through compassion and collaboration, and built on the courageous advocacy of individual citims and their families across the country — inspire in us hope for future progress and greater healing; Whereas, we are determined to respond to crime and violence by helping victims find not only support, recovery, and justice, but also a sense of hope for their future; Whereas, National Crime Victims' Rights Week provides an opportunity to recommit to ensuring that accessible, appropriate, and trauma-informed services are offered to all victims of crime; and Whereas, the City of Caldwell is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim service providers, and bringing hope and healing to all victims and survivors; Now, therefore, we, as The Mayor and City Council of Caldwell, do hereby proclaim the week of April 19-25, 2020, as Crime Victims' Right Week reaffirming this City's commitment to creating a victim service and criminal justice response that assists all victims of crime during Crime Victims' Rights Week and throughout the year; and expressing our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support,justice, and peace. AUDIENCE PARTICIPATION None. BOOK 61 PAGE 44 CONSENT CALENDAR: [All Consent Calendar items are considered action items] 1. Approve the minutes of the Regularly Scheduled City Council Meeting held on April 4,2020; 2. Approve Resolution No. 111-20 authorizing the extension of Mayor Garret L. Nancolas' Declaration of Emergency dated March 16, 2020 concerning the Novel Coronavirus (COVID-19) to May 18,2020; 3. Approve Resolution No. 112-20 authorizing the purchase of a Widespin 1550 Broadcast Top Dresser in the amount of$17,396 from Turf Equipment and Irrigation for use at Purple Sage Golf Course. 4. Approve Resolution No. 113-20 authorizing the execution of the Consent to Use Agreement from the United States Department of Interior, Bureau of Reclamation, for the purpose of installing, operating and maintaining a water main line under the Deer Flat Canal and the Forest Canal, which will be constructed as a water main line extension project by the Vallivue School District; 5. Approve Resolution No. 114-20 declaring excess owned kitchen appliances and field equipment from the Caldwell Golf Department as surplus for the disposition at public auction; 6. Approve Resolution No. 115-20 accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities in Cedar Crossing Subdivision No.4; 7. Approve Resolution No. 116-20 authorizing the execution of an Independent Contractor Agreement with Elizabeth McNannay doing business as Resource Consultants effective April 20, 2020 for completing the HUD Community Development Block Grant (CDBG) Five-Year Annual Action Plan, begin the second Five-Year Consolidated Plan and assist with facilitation of the Regional Treasure Valley Analysis of Impediments for HUD CDBG; 8. Approve Resolution No. 117-20 authorizing the execution of an Independent Contractor Agreement with Elizabeth McNannay doing business as Resource Consultants effective April 20, 2020 in the amount of $23,800.00 for assistance and administration of the Community Development Block Grant(CDBG)and Community Development Block Grant-CV(CDBG-CV)activities. MOVED by Pollard, SECONDED by McGee to approve the Consent Calendar as printed. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Wagoner, Hopper, and Callsen, Those voting no: none. Absent and/or not voting:none. MOTION CARRIED OLD BUSINESS (ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. APP-19-06: A REQUEST BY TOM MORTENSEN TO APPEAL THE PLANNING AND ZONING DIRECTOR'S INTERPRETATION OF CITY CODE CHAPTER 10-07 TO REQUIRE LANDSCAPING IMPROVEMENTS FOR THE PROPERTY LOCATED AT 5816 CLEVELAND BOULEVARD [PARCEL R3246000000],IN CALDWELL,IDAHO) MOVED by Hopper, SECONDED by Callsen to deny the request to continue the public hearing to the Regularly Scheduled City Council Meeting on May 18,2020. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, McGee, and Allgood. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED (ACTION ITEM: CONTINUED FROM FEBRUARY 18, 2020 PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. ANN-19-14/SUB-19P-08: A REQUEST BY TRILOGY IDAHO, LLC AND KENT BROWN TO ANNEX 34.7 ACRES, MORE OR LESS, WITH AN R-2 [MEDIUM DENSITY RESIDENTIAL[ ZONING DESIGNATION WITH AN ANNEXATION AGREEMENT, AND FOR PRELIMINARY PLAT APPROVAL OF MARBLEFRONT WEST SUBDIVISION, A PROPOSED DEVELOPMENT OF 132 RESIDENTIAL LOTS AND 16 COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF MARBLE FRONT ROAD, APPROXIMATELY 1600 FEET EAST OF THE INTERSECTION OF AVIATION WAY AND MARBLE FRONT ROAD, IN CALDWELL, IDAHO [PARCEL#: R3527900000]) MOVED by Callsen, SECONDED by Allgood to continue the public hearing to the Regularly Scheduled City Council Meeting to be held on May 18,2020 at 7:00 p.m. Roll call vote: Those voting yes: Callsen, Pollard, McGee, Allgood, and Hopper. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED (ACTION ITEM: CONTINUED FROM FEBRUARY 18, 2020 CONSIDER BILL NO. 54 [ORDINANCE NO. 3246] FOR CASE NO. ANN-19-14 [MARBLEFRONT WEST ANNEXATION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) MOVED by McGee, SECONDED by Callsen to continue the public hearing to the City Council Meeting to be held on May 18,2020 at 7:00 p.m. BOOK 61 PAGE 45 Roll call vote: Those voting yes: McGee, Allgood, Wagoner, Hopper, Callsen, and Pollard. Those voting no:none. Absent and/or not voting:none. MOTION CARRIED NEW BUSINESS: (ACTION ITEM: CONSIDER BILL NO. 16 [ORDINANCE NO. 3273-A] AUTHORIZING THE MAYOR,PURSUANT TO IDAHO CODE §§ 50-304 AND 50-606, TO IMPLEMENT BY APPROPRIATE ORDER ANY MEASURES, AT HIS DISCRETION AND UNTIL 9:00 P.M. ON MAY 18, 2020, THAT ARE RECOMMENDED BY PUBLIC HEALTH AGENCIES TO PREVENT THE SPREAD OF COVID-19, 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 OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE MAYOR, PURSUANT TO IDAHO CODE §§ 50-304 AND 50-606, TO IMPLEMENT BY APPROPRIATE ORDER ANY MEASURES, AT HIS DISCRETION AND UNTIL 9:00 PM ON MAY 18, 2020, THAT ARE RECOMMENDED BY PUBLIC HEALTH AGENCIES TO PREVENT THE SPREAD OF COVID-19; PROVIDING FOR THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH MOVED by Pollard,SECONDED by Allgood to waive the three reading process and consider Bill No. 16(Ordinance No.3273-A)on its first reading by title only. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Wagoner, Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard, SECONDED by Allgood to sponsor Bill No. 16 (Ordinance No. 3273-A), move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Wagoner, Hopper, and Callsen. Those voting no:none. Absent and/or not voting:none. MOTION CARRIED (ACTION ITEM: APPROVE RESOLUTION NO. 110-20 AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT, DECLARATION OF COVENANTS AND PUBLIC IMPROVEMENTS EXHIBIT WITH ST. LUKE'S REGIONAL MEDICAL CENTER,LTD AND BVA NORTH RANCH,LLC) Maren Erickson, City Attorney at 1303 12th Avenue North, Nampa, stated that legal counsel had reviewed the documentation and found no legal concerns. Jeff Wardle of Clark Wardle, LLP at 251 E. Front Street, #310, Boise, provided an update report regarding the development agreement for the 114-acre subject parcel located along Hwy 20/26. He noted that appropriate land-use applications would be forthcoming from BVA for the proposed commercial development. City services will be brought to the site. The Mayor expressed appreciation to legal counsel (Mr. Hilty and Mr. Wardle) for their assistance in bringing the request forward. He noted that the documents have undergone a thorough review in preparation for consideration by City Council. The Mayor read the resolution by title only: RESOLUTION AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT, DECLARATION OF COVENANTS AND PUBLIC IMPROVEMENTS EXHIBIT WITH ST. LUKE'S REGIONAL MEDICAL CENTER,LTD AND BVA NORTH RANCH,LLC. MOVED by Callsen,SECONDED by McGee to approve Resolution No. 110-20 as presented. Roll call vote: Those voting yes: Callsen, Pollard, McGee, Allgood, Wagoner, and Hopper. Those voting no:none. Absent and/or not voting:none. MOTION CARRIED BOOK 61 PAGE 46 (ACTION ITEM: COUNCIL'S DECLARATION THAT CERTAIN PROPERTY LOCATED GENERALLY ALONG THE WEST SIDE OF I-84 BETWEEN EXITS 26 AND 27 IS UNDERUTILIZED FOR PUBLIC PURPOSES AND THE CALDWELL CITY COUNCIL INTENDS TO EXCHANGE IT FOR OTHER PROPERTY, OWNED BY TWO BRIDGES ASSOCIATES LP, THAT WILL PROVIDE A BETTER ALIGNMENT FOR CHICAGO STREET NORTH OF THE WEST CANYON CANAL) Brent Orton, Public Works Director at 621 Cleveland Boulevard, provided the staff report. He explained that Mr. Wardle serves as the legal counsel for the owner of the subject property, Mr. Caldwell of Two Bridges Associates,LP. In years past,right-of-way was obtained in association with construction of the interstate and the accompanying frontage road. Mr. Bridges constructed two bridges at the site,which accommodate the City's Master Plan for the alignment of Chicago Street. Mr. Orton continued by reporting that the City approached ITD approximately two years ago concerning the excess property being used for the expansion of Chicago Street. The property was dedicated to the City of Caldwell and by Idaho State Code, there is an allowance for exchange of property that would benefit the City. The exchange would allow for an improved alignment of Chicago Street. Tonight's action would allow City Council to express their intension for declaring the subject property as underutilized thereby allowing staff for move forward with the necessary steps for the property exchange. Jeff Wardle of Clark Wardle, LLP at 251 E. Front Street, #310, Boise, reported that tonight's declaration by City Council would be the first step for the real property exchange. Appropriate action would follow pursuant to Idaho State Code for staff and legal counsel to prepare the necessary documents. In response to questions from Councilman Callsen, Mr. Orton stated that there would be sufficient property for the requested alignment of Chicago Street. The details would be worked out with Mr. Hilty and Mr. Wardle regarding the appropriate legal measures. A public hearing date would be set for City Council's further consideration of the matter. The Mayor clarified that tonight action would be to declare the property as underutilized and direct legal counsel and staff to bring back a document that would indicate the configuration and legal exhibits showing the details of the property exchange transaction. MOVED by Hopper, SECONDED by Callsen to approve the request to declare the described property as underutilized with the intent to exchange the real property for purpose of improved public transportation. Comment from Councilman Hopper: The property transaction is critical for future development of the area and to address improved transportation needs within the area Roll call vote: Those voting yes: Hopper, Callsen, Pollard, McGee, Allgood, and Wagoner. 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$1,852.987.30 for the period ending April 15,2020, a net payroll of$465,123.08 for the pay period ending March 28,2020. MOVED by Allgood, SECONDED by Pollard that accounts payable in the amount of$1,852.987.30 by check numbers 145023 through 145301 and payroll in the amount of$465,123.08 represented by check numbers 34427 through 34537 and direct deposits be accepted, payments approved and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Council Members Pollard and McGee expressed gratitude to Mayor Nancolas for his diligent effort in providing ongoing information about the COVID-19 crisis. (MAYOR'S COMMENTS) The Mayor reported that Fairview and Purple Sage golf courses were re-opened as of April 17th Provisions to enforce the social distancing protocols have been put in place. Purple Sage has undergone ground maintenance within the past few weeks. Councilman Callsen reported that he recently saw more than one golfer per cart at the Fairview Golf Course. The Mayor noted that this information would be reported to the golf pro. The Mayor expressed appreciation to the many essential businesses employees and medical workers who have remained active with serving the community during the COVID-19 crisis. BOOK 61 PAGE 47 (ADJOURNM ENT) MOVED by Pollard, SECONDED by Allgood to adjourn at 7:42 p.m. MOTION CARRIED APPROVED AS written THIS 4th DAY OF Ma ,2020. 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