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2014-003669
RECORDED
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CHRIS YAMAMOTO
CANYON COUNTY RECOROER
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ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
JANUARY 21,2014
Mayor Nancolas and City Council
Jarom Wagoner, Senior Planner
Order of Decision - Case No. SUB/PUD-205(F)-10 Whitney Springs No. 3 Phase 1
final plat
January 15,2O14
COURSE OF PROCEED!NGS
GENERAL FACTS
APPLICABLE LEGAL STANDARDS
CONDITIONS OF APPROVAL
o
To
From
Subject:
Date:
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
IN THE MATTER OF THE APPLTCATION OF TRILOGY DEVELOPMENT AND COREY BARTON
HOMES FOR FINAL PLAT APPROVAL OF WHTTNEY SPRINGS SUBDIVISION NO. 3 PHASE 1
WHICH CONSTSTS OF 40 RESIDENTIAL LOTS AND 5 COMMON LOTS IN AN R.1 SINGLE
FAMILY RESIDENTIAL ZONE.
TABLE OF CONTENTS:
I
l!
il
IV
1.1
1.2
l!
2.1
2.1.1
2.2
COURSE OF PROCEEDINGS
On January 14, 2014, the Caldwell Planning and Zoning Department received the final plat
application on Case No. SUB/PUD-205-(F)-10.
Files and exhibits relative to this application are available for review in the Planning and
Zoning Department,62l Cleveland Blvd., as well as applicable public hearings.
GENERAL FACTS
OWNER: Corey Barton Homes, lnc., 2358 S. Titanium Place, Meridian, lO 83642
APPLICANT: Trilogy Development, 2358 S. Titanium Place, Meridian, lD 83642
LOCA TION: Southwest corner of Santa Ana Avenue and Blue Springs Street
Page I of2SUB/PUD-205(F)-10 (Whitney Springs No. 3 Phase l)
Final Plat Order of Decision SG*NNED
CL.}
2.3
o o
REQUEST: The property owner and applicant request final subdivision plat approval for
Whitney Springs Subdivision No. 3 Phase 1 for 40 residential lots and 5 common lots. The
subdivision is located in an R-1 (Single Family Residential) zone.
BACKGROUND: Whitney Springs Subdivision #3 Phase 1 received preliminary plat approval
from Caldwell City Council on February 7,2011 and a time extension on February 7,2013.
2.4
3.1
3.2
3.3
3.4
III APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan
ldaho Code, Title 67, Chapter 65, Local Planning Act
City of Caldwell Subdivision Ordinance No. 2768, as amended
IV CONDITIONS OF APPROVAL
4.1 Applicant shall meet the platting requirements as set forth by City Code and in the preliminary
plat approval for this final plat and for any letters of credit required.
4.2 An electronic version of the final plat, in AutoCad format, shall be submitted to the Caldwell
Engineering Department.
4.3 Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department
4.4 One paper copy of the recorded mylar shall be submitted to the Caldwell Engineering
Department and one paper copy of the recorded mylar shall be submitted to the Caldwell
Planning and Zoning Department.
CASE NO. SUB/PUD-205(F)-10 WAS REVTEWED By THE MAYOR AND C|TY COUNCIL ON
JANUARY 21,2014.
THE ORDER OF DECISION WAS APPROVED BY CITY COUNCIL MEMBERS, AND
ADMINISTRATIVELY SIGNED BY MAYOR NANCOLAS, ON THE DATE NOTED BELOW.
fu,"kt,,*u L:21- t {
Mayor Garret L. Nancolas Date
tl
SUB/PUD-205(F)-10 (Whitney Springs No. 3 Phase l)
Final Plat Order of Decision
ATTEST
City Clerk
Page 2 of 2
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aoBOOK 55
CONSENT CALENDAR:
REGULAR MEETING
January 21,2014
7:00 P.M.
PAGE 9
Jhe^Y.aI9r c4le9 the meeting to order at 7:00 p.m. He asked those in attendance to stand for the invocation leadby Bill Van Sickle, Deacon Member from Cintennial Baptist Church and remain standing for the pledge ofAllegiance to the Flag.
The Roll of the city council was called by the city clerk with the fiollowing members present: Blacker, ozunaHopper, Callsen, Pollard, and Biggers.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
e. Preyntation: noO Uc
Rob Oates, Airport Manager from the Caldwell Industrial Airport, acknowledged Bob McGee and hiswife, Gretchen. He noted that Mr. Mccee has been associated with the Airpoi Commission in excessof 30 years. Mr. oates expressed his gratitude to the Mccee family for their years of service to this
:9mT-utty. A plaque was presented to Mr. Mccee by Mayor Nancolas
"*p."r"ing appreciation toMr. McGee upon retirement from the Airport Commission.
ADDITIONS OR DELETIONS TO THE AGENDA
MoVED by Hopper, SECoNDED by Callsen to amend the Executive Session by adding Subsection (c) forthe purpose ofdiscussing an interest in real property not owned by a public agency.
MOTIONCARRIED
AUDIENCE PARTICIPATION
None.
2.
3.
4.
Approve acceptance ofthe minutes ofthe Caldwell city Council Meeting held on January 6, 2014; thecaldwell Industrial Airport Commission Meeting h"td on ianuu.y 2, 2014; and the Senior cenrerBoard Meetings hetd on October 17,ZOl3, Decem6er 9,2014, and December 17,2Ol3;
Approve order of Decision for Case No. suB-194E-0g (oasis Commercial rime Extension);Approve order of Decision for c.as3 No, suB/puD-205F-10 (whitney Springs #3 phase I Final plat);
Approve order of Decision and Development Agreement ior case No. s'i-,rn-oz1e;-l3,zoN-92-13(Castle Peak Subdivision #3);
Approve Resolution No. 0l-14 authorizing the formation of LID l4-l for the construction andreplacement of concrete curbs, gutters, sidewalks, pedestrian ramps, and drive approaches on cityright-otway;
Approve Resolution No. 02- 14 authorizing the formation of LID l4-Z for paving improvements to thealley in the 800 block between Fillmore ani Grant;
Approve Resolution No. 03-14 authorizing the formation ofLID l4-3 for the extension ofa domesticwater mainline across Canyon Hill Lateral and into 0 Andy Lane;
Approve Resolution No. l7-14 authorizing the execution ofa Pipeline Crossing Agreemenr with UnionPacific Railroad to allow for the installation of a water mainline underneath raiiroad track lo.ut"d ui 2JAvenueand Hwy 19;9' Approve Resolution No. l8-14 authorizing the execution ofa Letter of Intent/Agreement to puchaseproperty from Tim Rambo for construction ofa regional sewer lift station locatei on the west side of
. ^ Pond Lane approximately I 000 feet south of US Hiy 20_26;l0' Approve Resolution No. 19-14 accepting an Easement from viper Investments, LLC for a sewer line
. . across a portion of property owned by Viper Investments LLC;ll' Approve Resolution No' 2t-14 accepti;g the Award of Bid for gravel crushing in the amount of$101,040 to Deer Flat Sand and Gravel, Inc.;l2' Approve Resolution No. 20-14 accepting the 2014 lrrigation Assessment Roll, accepting Estimate ofExpenses for Irrigation System, setting Irrigation AssesJments and Fees, and seiting tihe date and placefor the Board of Corrections Meetingi pu.irant to Idaho Code for p.essure irrigation provided by theCaldwell Municipal Irrigation District;
13' Approve the re-appointment ofDebbie Geyer to the Friends ofthe Depot Board for a term to expireDecember 3 l, 20 I 7;
14. Approve request for a Taxi or Commercial Transportation Business License to ABC Meridian Taxi,LLC;
15' Approve requests from the Human Resources Department, the city clerk, the Fire Department, thewater/Finance Department, and the Finance Department to destroy ,".i-p"r-u*nt o, ,onporu.yrecords.
6.
7.
Ca;!-
l.
5.
o aBOOK 55 PAGE IO
MOVED by Pollard, SECONDED by Biggers to approve the Consent Calendar as printed.
Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none' Absent and/or not voting: none'
MorIoN .ARRIED
OLD BUSINESS:
(CONTINUED PUBLIC HEARING IQUASI-JUDICIALI: CASE NO. SUB-03(P)-13 A REQUEST
BY JRL PROPERTIES AND KENT BROWN FOR PRELIMINARY PLAT APPROVAL OF
CROWN POINT SUBDIVISION CONSISTING OF FIVf, (5) COMMERCIAL LOTS IN A C.4
FREEWAY COMMERCIAL ZONE LOCATED ON THE EAST SIDE OF AVIATION WAY,
APPROXIMATELY I,2OO FEET SOUTH OF FRANKLIN ROAD)
MOVED by Callsen, SECONDED by Hopper to continue this item to the next Regularly Scheduled City
Council Meeting to be held on February 3,2014 at 7:00 p.m.
MOTION CARRIED
NEW BUSINESS:
(HEARING CONCERNING THE COUNCIL'S CONSIDERATION OF RESOLUTION NO. T6-14,
ORDERING THE DEMOLITION OF THE BUILDINGS AND/OR STRUCTURES LOCATED AT
2022 E. LINDEN, COMMONLY KNO1VN AS CONNIE'S CERAMICS, PI,'RSUANT TO IDAHO
coDE s s0-33s)
Mark Hilty, City Attorney at 1303 South l2d Avenue Road, Nampa, provided an overview ofthe process
of ordering the demolition of a building. He noted that the accompanying documents had been placed on
record by City staff telling the history ofthis matter.
Mr. Hilty indicated that a ruling may be sought from City Council declaring a building as a nuisance due to
its safety condition and ask for an order for it to be abated. Staff has been charged with enforcing the
Intemational Building and Fire Codes that require safety within buildings to protect the public as enforced
by the Building & Fire Officials. He noted that Fire Marshal Cater and Building Official Brett Clark would
testiry tonight concerning their findings. The building currently meets the criteria to be abated as a
nuisance.
Mr. Hilty continued to explain that the City is also proceeding under the statutory provision pursuant to
Idaho Code 50-355 which allows Council to make a determination ifthe building is dangerous and poses
risk after notice is provided with opportunity to conduct a hearing and gather evidence. If that finding is
made, then the building may be abated. The legal standard is that Council must listen to the record and
determine ifthis is the case for the subject building.
Mr. Hilty noted for the record that this process has not been rushed. Staffhas been diligent in working with
the property owner and her friends. Requests have been received to extend the time period and staff has
been respectful of Ms. Owens and her needs.
Brent Orton, City Engineer at 621 Cleveland Blvd., presented the staff report concerning the order to
demolish the building/structures at 2022 E. Linden. He reported that Fire Marshal Cater initially inspected
the building for fire safety related issues and recommended that the electrical inspector also view the
building for code violations. There has been a series of notices to the owner to no avail. In January 201 3
when the Notice and Order was delivered to the site addressing several of the problems, the owner
expressed the need for more time indicated that she needed the summer to get the items resolved.
Last fall the owner was again contacted about the stated deadlines as outlined in the Notice and Order
(noting that the deadlines had been updated to accommodate the request for more time by the owner). The
deadlines were not able to be met entirely by the owner and the feeling of staff was that there could not be
further delay without leading the owner exposed to danger with the unsafe conditions ofthe building.
In response to questions from Council Member Pollard, Mr. Orton confirmed that communications with
the property owner by staffhas been ongoing since 2010.
Council Member Callsen asked Mr. Orton to explain what happened to the building and why this issue was
brought before Council.
Mr. Orton gave a brief explanation that there was a fire in the building at some point in time which affected
part of the structure. He reported that there was also structural damage that appears to be unrelated to the
fire. Some ofthe most significant structural damage was in the floorjoists which have failed and split and
dropped below the level ofthe other floorjoists due to excessive loading. There is exposed 220 volt wiring
in the building which is a safety concern for the public (especially children) entering the building. Other
defective structural elements within the building include cables and columns installed to support areas that
had been damaged by the fire. From an engineering standpoint, this is very unsafe condition. AIso, in the
main portion ofthe building there are portions ofthe plastered ceiling coming down.
In response to questions from Council Member Biggers, Mr. Orton reported that the owner had pulled two
permits. The Notice and Order in the fall of 20 13, had required that (by a certain date) a determination be
made by the owner to either demolish or rehabilitate the building. If it was to be rehabilitated, then the
permits were to be secured by a certain date. A permit was pulled for the floor joists and a demolition
aoBOOK 55 PAGE I I
permit for the exterior portion ofthe building which was the most unsound. These permits were issued last
fall after the Notice and Order was delivered. He emphasized that there were a number ofother permits
which were be secured and actions taken for the rehabilitation plan; however, those permits were not
applied for or issued. The work relating to the pulled permits was commenced but not completed.
Andy Cater, Fire Marshal at 3 l0 South 75th Avenue, provided a historical review of the matter. He stated
that the deterioration of the structure started with a fire within the building. He reported that he had
received numerous phone calls about the condition ofthe building in 2010 which culminated with a fire-
life-safety inspection. There were several issues that needed to be addressed such as structural damage,
electrical safety matters, and the accumulation of the storage of combustible materials all throughout the
building without any walk ways. The accumulated storage of materials included paper goods, clothing
goods, propane, and white gas.
Mr. Cater reported that the had presented to Connie a written report as to the results of the fire-life-safety
inspection and spoken with her conceming an action plan to assist her with compliance matters. He
invited the building inspector to review the structural safety issues of the building and the City electrical
inspector as well. All of the City staff members concluded that this is real hazard and again a written
report was presented to Connie concerning the sat'ety issues. As time proceeded, no progress was made as
to the compliance of the inspections and in fact it appeared that more items were being brought into the
building. Deterioration of the building began to worsen including rhe plaster falling down inside the
building. A determination was made by the Building Official and the Fire Marshal thai the stnrcture was
not being repaired and it was a life-safety issue for not only the owner but also residential structures near
the site.
In response to questions from Mayor Nancolas, Mr. Cater noted that he has not been within the building
since a notice of DO NOT ENTER was posted on the door. The status of accumulation had not changed ai
that point nor had there been any noticeable compliance to the inspection requirements. This was several
months ago. The pictures that were submitted to the record from the fire department were taken in 2010.
The Building Official had taken pictures approximately one year later when he had oflicially inspected the
building for building and electrical issues.
The Mayor noted that several items appeared to the outside ofthe building last summer as a "yard sale" in a
possible attempt to reduce the amount of accumulation within the building.
Mr. Cater reponed that the Building Officiat and the City Engineer allocated additional rime to Connie by
allowing her to sale the items outside of the structure.
Jarom Wagoner, 621 Cleveland Boulevard, addressed the continuous "yard sale" to the exterior ofConnie's
Ceramics. He reported that many phones were received (approximately two or three per day by the public)
within the Planning & Zoning Department concerning the accumulation of items along the perimeter of the
building. The Code Enforcernent Officer, Ms. Phillips, worked extensively with the ownei trying to come
to a resolution. The situation ended with providing the owner with an ultimatum date to remove the items
since they were beginning to encroach within the right-of-way and impede pedestrian traffic.
In response to questions from Mayor Nancolas, Mr. Cater reported that staff has been very generous in
allowing additional time as requested by the owner to resolve the safety issues associated with this
building. Upon request, additional time was allotted; however, no progress has been made.
In response to questions from the Mayor, the Fire Marshal reported that the fire had transpired in the
building before his employment with the City of Caldwell. The building should have been repaired directly
after the fire-
In response to questions from Council Member Biggers, Mr. Cater reported that to his knowledge, no one is
currently living on the property.
Council Member Biggers asked that if the property was to be rehabilitated, would it require a sprinkler
system?
Mr. Cater responded that if the use was the same, a fire sprinkler system would not be required in
accordance with the Code.
The Mayor directed questions to the City Attomey Mark Hilty: What is the responsibility of the City to
insure the safety of citizens and/or customers as well as protecting the properties around that building?
What would the consequences be if the City failed to act?
Mark Hilty stated that generally the City would not have legal liability for problems that occur on private
property; however, the City has the responsibility that is constirutional in nature to protect the health,
safety, and welfare of the citizens. That finds expression in state code and certainly in ihe building codes
adopted by the City Council. This responsibility is futfilled by City staffsuch as the City Engineer, the
Fire Marshal, the Building Official, and Code Enforcement personnel. When there is a dilapidated property
that does not meet Code and the City staff have addressed those particular needs and thire has been an
attempt to work with the owner to address the issues to no avail - then it comes to the point of a
determination by Council to take further action. Once this point has been reached; there may be some
liability for the City of Caldwell if Council were to choose to look the other direction. He encouraged
Council to consider the evidence that is presented tonight and make a decision based on that evidence. If
the findings reveal a safety problem, Council needs to move forward with what presumably is a difficult
decision.
ooBOOK 55 PAGE 12
Mr. Orton reported that when he and the Building Official met with Connie in January 20 13, she requested
time in the summer to sell items with the principal concern of saving the 30,000 ceramic molds located in
the building. There is also a large quantity of unfired green ware. He noted that at one point a number of
staffmembers at the City Attomey's oflice made phone calls to ceramic retailers within the area trying to
locate potential buyers for the molds.
Brett Clark, Building Oflicial at 621 Cleveland, clarified information about the required permits outlined
within the Notice and Order. The permit secured was an actual demolition permit for the bumt part of the
building in the back where there were serious structural concems. The requirements to also secure
permits for electrical, plumbing, and mechanical matters were not met by the owner.
In response to questions Aom the Mayor, Mr. Clark noted that only a small amount of demolition has taken
place on the "safest" portion of the structue. This has been discussed with Mr. Messenger and it was
explained to him that the demolition should have begun on the front part of the structure which is due to
fall down at any time. There has been a lot of hesitancy in doing the work as outlined by City staff by the
owner. It was determined that this process has gone on long enough before someone is seriously hurt. Mr.
Clark stated that as the Building Official it is his responsibility to make the proper determinations and issue
the Order as necessary.
Council Member Callsen asked if the utilities are still functioning the building.
Mr. Clark replied that to his knowledge there are no utilities being provided to the building.
Connie Owen, 1908 Walnut Street, provided testimony in opposition to the resolution. She stated that as
the owner, she weighed the whole situation and determined the rehabilitate the building. She noted that the
molds are her lifetime accumulation and she is currently selling the in clusters of25, 50 and 100 at a time.
Since no one has room to store 30,000 molds, they must be sold in smaller lots. She noted that she decided
that the cost of demolition was better served to save the building and sell the molds and green ware. By
repairing the building, she would add value in the structure and have a chance ofreturn on her money. She
ctarified that no new items were added to the yard sale but rather storage items were brought out of the
garages to the rear ofthe building.
Council Member Biggers asked ifthere was insurance on the building at the time ofthe fire.
Ms. Owen reported that there was no insurance on the building at the time of the fire. She had terminated
insurance coverage when she closed the building for operations prior to the fire.
In response to questions from Council Member Biggers, she stated that she has financial resources tkough
savings and ownership ofother property in Caldwell to finance the rehabilitation project.
Council Member Biggers asked why is has taken so long to any progress to be made on the building?
Have you decided to stop rehabilitation procedures after pulling the demolition permit?
Ms. Owens stated that the damaged portion of the building due to the tire was being demolished and Mr.
Messenger was working on items as mandated by City staff. She clarified that no one is living in the
building at this time and no business is being conducted on site. Mr. Messenger had already removed some
of the garage structures and was tearing down some of the plaster on the inside of the building.
Council Member Biggers explained that he had received numerous phone calls from local residents and real
estate residents about the perpetual yard sale at the site. He asked Ms. Owens how those complaints
should be responded to.
Ms. Owen explained that she had hired a man a few years ago to live in the apartment to do some
handyman work at the site. Ms. Owen had partnered with the gentleman in buying & selling fumiture
items to assist him financially. The gentleman was later deported to Mexico and all the furniture had to be
sold. There were 13 garages full ofaccumulated items that needed to be dealt with. The yard sale was the
means used to liquidate these items. The remaining items from the yard sale are to be hauled away.
Council Member Biggers expressed his concern about Ms. Owen's resources to accomplish the project.
Ms. Owens stated that she has the ability to do what needs to be done. She referred to Mr. Messenger to
answer questions about the timeline for completing the project.
Council Member Callsen asked Ms. Owen if she had considered an auction to dispos€ of the items.
Ms. Owen responded that an auction would not give her enough money for the items. She has resorted to
the intemet to list the 30,000 molds.
Glenn Messenger, 5202 War Eagle, provided a hand drawn map of the site. He noted that the fire was on
the outside ofthe buitding in a storage unit located on the west end (near Linden). There is no fire damage
inside the building except for the accumulation of smoke and heat. The fire damaged the ceiling which is
wood lath and plaster. The loose plaster has now been removed from the ceiling. The structure was built
over 50 years ago. The floor joists are broken due to age, not as a result of the fire. There are
approximately four floor joists that need to be corrected. Mr. Messenger reported that an engineer was
hired and has indicated that the building is structurally sound through an engineer's study.
ooBOOK 55 PAGE I3
Mr. Messenger relayed that the outside storage structure on the west end of the building has been removed.
The only remaining structure to be removed is where the fire transpired. He reported that some days they
were told they could not proceed especially as it related to the yard sale. When they first spoke with City
personnel, no one indicated that the activity was illegal.
An electrician was hired to come and update the electrical service; however, they discussed that the wall
where the service is mounted on would be demolished within the next two weeks. Since the electrical work
has been delayed, the permit will be drawn when needed.
Mr. Messenger emphasized that the main portion of the building is sound and the stated code violations can
be corrected. Two main auction houses within the valley have been contacted but would not handle the
liquidation of the accumulated items. It was determined by the owner that the best option was to work on
the building and make it sound. Drop cords are being used from legally safe boxes to conduct demolition
and repair work.
Council Member Blacker asked Mr. Messenger how long he has been working on the building.
Mr. Messenger stated that he had been on working on the building approximately 90 days.
Council Member Blacker asked how much money has been spent to take on the rehabilitation of the
building.
Mr. Messenger replied that approximately a few thousand dollars has been spent but the owner is the once
with the exact figures.
Council Member Blacker asked how large ofcrew is working on the project?
Mr. Messenger reported that he has one person assisting him.
Council Member Biggers asked ifMr. Messenger was a general contractor or engineer?
Mr. Messenger stated that he is not a general contractor or engineer but rather he is just trying to assist Ms.
Owen in bringing the building into compliance with City standards. He stated that when he originally
spoke with City staff regarding the needed work, he thought the demolition order was only for the fire
damaged exterior portion, not the entire structure.
ln response to questions from the Mayor, Mr. Messenger stated that he could provide copies of the
engineer's study for Council's review. He noted that he had misplaced the report but would contact the
company for another copy.
In response to questions from Council Member Biggers pertaining to a cost analysis of the rehabilitation
project, Mr. Messenger outlined costs pertaining to a new roof, redoing the floor joists, and trusts. He
noted that the cost and time analysis is dependent upon many different options and factors.
In rebuttal, Mr. Cater expressed his concem with the lack ofprogtess in securing the structue and the fact
that the building is a safety hazard today even during construction relating to the issues that have not be€n
addressed.
In response to questions from Council Member Blacker, Mr. Cater reported that he had not been in the
building since January 201 3.
Council Member Hopper expressed concern that Mr. Messenger has been working on the project within the
last 90 days and that City staff have not been to the site recently to document progtess or failues.
Mr. Orton reported that he and the Building Official had visited the site approximately 30 days ago. In
response to questions from council Member Hopper, he noted that there had been some progress on the
south wall as referenced by Mr. Messenger.
Council Member Hopper noted that a distinction must be made if the entire building is a problem or just the
storage area. Is Mr. Messenger truly making the kind of progress that he has indicated and the situation
could be rernedied within another 90 days if the work was completed? The engineering report as
referenced by Mr. Messenger must be reviewed as part of the findings as well. He recommended that the
hearing be continued for an additional two weeks to address such areas ofconcern in order to make a final
determination.
In response to questions fiom the Mayor, Brett Clark reported that he and the City Engineer had been to the
site within the past 30 days and observed issues dealing with demolition as reported by Mr. Messenger.
He had walked through the interior of the building while Mr. Orton spoke with Ms. Owen. He reported
that no progress had been made relating to the interior matters. Some demolition had been accomplished
on the east side ofthe building. The demolition progress was not significant.
Mr. Clark clarified that an electrical permit must be pulled before any electrical work can begin. Routine
inspections would be held by City staff has the work progressed. No inspections have been made
conceming the bumt portion of the building.
ooBOOK 55 PAGE 14
The Mayor noted the importance for City staff to visit the site tomorrow to inspect the building and take
updated photos. An updated opinion is needed from the Building Official conceming if progress is
actually being made and if the work complies with City Code. The report should include statements from
the Building Official and the Fire Marshal as to if their opinion has changed any based upon the up-to-date
inspection.
Council Member Callsen recommended that a detailed time schedule be created concerning the various
phases of the rehabilitation project.
Mr. Clark noted that the pictures, which he submitted for the record, were dated to indicate that there was
zero progress being made within the building. Dates have been given for completion ofthe various issues;
however, those dates were not met and progress was not made. At that point, a final determination was
made to move forward in ordering the demolition.
In response to questions fiom Council Member Ozuna, Ms. Owen stated that she has sold approximately
300 molds. She noted that would like to get the upstairs portion of the building safe and put down pallets
to sell molds by the pallet. She noted she paid as much as $500 apiece for some of the molds. She had
not been trying to pursue the liquidation ofthe molds at this point since she had no way to get them upstairs
and on pallets. She does not have access to any other location to store the molds since they take up so
much room.
Council Member Ozuna expressed her concerns that that there would need to be 300 sales to liquidate the
30,000 molds in stock. How many people would be in the market for them?
Ms. Owens stated that ceramic dealers would be interested. She has worked to sell them for the past six
months. She emphasized that the shop was closed for ten years when she relocated to Nebraska. She
currently does not have insurance coverage on the business. She noted that someone had estimated the
value of the lot and building at $250,000. The building is needed for the purpose of storage of the molds
and green ware. She desires to eventually clear out the building and place it for sale.
Council Member Hopper expressed his concem about potential vandalism to the site in its current condition
and the urgency for Ms. Owens to have used her resources to expedite the completion ofthe rehabilitation
project.
Joyce Bumett, 2 I I 3 ldaho Avenue, signed in opposition to the resolution. She did not provide testimony.
Roger Bumett, 2l I 3 Idaho Avenue, signed in opposition to the resolution. She did not provide testimony.
Audrey Whisler, 4601 Oxbow Avenue, signed in opposition to the resolution. She did not provide
testimony
Victoria Monice, 16949 Nanessey Lane, Nampa signed in opposition to the resolution. She did not
provide testimony
Debra lvie, 241 I Colorado Avenue, signed in opposition to the resolution. She did not provide testimony
MOVED by Hopper, SECONDED by Pollard to keep the public testimony portion of the hearing open and
continue the hearing and accompanying resolution (New Business Items #l & #2) to the next Regularly
Scheduled City Council Meeting to be held on February 3,2014 at 7:00 p.m. with the provision that the
professional engineer report referenced by Mr. Messenger in testimony be provided and City staffconduct
updated inspections ofthe site and provide curent reports and pictures for Council's review.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 16-14, ORDERING THf,, DEMOLITION OF THE BUILDINGS
AND/OR STRUCTURES LOCATf,D A"I 2022 E. LIN'Df,N, COMMONLY KNOWN AS CONNIE'S
CERAMICS, PURSUANT TO IDAHO CODE S 50.335)
By previous motion, this item was continued to the next Regularly Scheduled City Council Meeting to be
held on February 3,2014 at 7:00 p.m.
(CONSIDf,R Rf,SOLUTION NO. AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT FOR PROPf,RTY LOCATED AT 3OO FRONTAGE ROAD TO CHRISTIAN
FAITH Cf,NTER ICFCI)
Mark Hilty, City Attomey at 1303 126 Avenue Road, Nampa, presented the staff report conceming th€
request for the Lease Agreement. He noted that the underlying real estate is owned by the City of Caldwell
but the building is privately owned by a church. The building was originally owned by the Chamber of
Commerce. He proposed to continue the lease as with the previous owners. He reported that a local realtor
was at one point had noted that the rental fair market value of the property itself (land only) was
insignificant.
Council Member Hopper inquired conceming the nature of the lease. He stated his concern that the
building could be sold without foreknowledge of what kind of interest would be operated within the
facility. He recommended that the lease include language that the assign ability of the lease is conditional
upon approval by City Council.
ooBOOK 55 PACE 15
Discussion followed that whoever owns the building should also own the underlying real estate. Mark
Hilty stated that he had calculated that the property market value would be approximately $50 per month.
MOVED by Hopper, SECONDED by Pollard to continue this item to the next Regularly Scheduled City
Council Meeting to be held on February 3,2014 at 7:00 pm noting that the City Attomey provide a
modified lease agreement to include language stating that the assign ability ofthe lease is conditional upon
approval bv Citv Council'
MorroN .ARRIED
(coNsrDf,R BrLL NO. 2s [ORDTNANCf, NO. 29461 FOR ZON-92-13 ICASTLE PEAK NO. 3l
WITH A Rf,QUEST TO WAIVE THE RULES, PASS ON THf, FIRST READING, AND APPROVE
THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINNG THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF
THE CITY OF CALDWELL, COLNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS
SHOULD BE REZONED TO THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE; DETERMINNC
THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,
CA}.IYON COI.JNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING
DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill No. 25
(Ordinance No. 2946) on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none' Absent and/or not voting: none'
MorroN .ARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 25 (Ordinance No. 2946), move for its
passage, and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none' Absent and/or not voting: none'
MorroN .ARRIED
(PUBLIC HEARING IQUASI-JUDICIALI: CASE NUMBER SUB/PUD-02(P)-13 AND ZON-93-13
A REQUEST BY LA BELLA VIDA, FOR THE FOLLOWING: COMPREHENSIVE PLAN MAP
CHANGE FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL ESTATES; REZONE OF
APPROXIMATELY 260 ACRf,S T'ROM R-I LOW DENSITY Rf,SIDENTIAL TO RS-I
RESIDENTIAL ESTATES; AND PRELIMINARY PLAT APPROVAL OF LA BELLA VIDA
SUBDIVISION CONSISTING OF 59 RESIDf,NTIAL LOTS AND SL\ COMMON LOTS. THE
SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF MIDLAND ROAD
AI\ID LINCOLN ROAD WITH THf, BOISE RIVER BEING ITS NORTHERLY BOUNDARY)
MOVED by Hopper, SECONDED by Callsen to continue this item to the next Regularly Scheduled City
Council Meeting to be held on February 3,2014.
MoTIoN CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Commiltee has reviewed current accounts payable in the amount
of$1,513,363.26 for the period ending January 10,2014 and net payroll in the amount of$280,662.95 for the
pay period ending December 28, 20 I 3.
MOVED by Callsen, SECONDED by Biggers that accounts payable in the amount of $1,513,363.26
represented by check numbers 99072 through 99439 and the total pal,roll in the amount of $280,662.95
represented by check numbers 2656 I through 2659 I and payroll direct deposits be accepted, payment approved,
and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Council Member Pollard recommended that the dog park matter be revisited. The Mayor asked the
Planning & Zoning Director Brian Billingsley schedule a workshop before Council concerning this matter.
Council Member Blacker acknowledged Mike Dittenber, director of the Caldwell Housing Authority. Mr.
Dittenber provided an update conceming the sewer system project at Farmway Village. He also noted that
within ldaho State Code, the Caldwell Housing Authority has the ability to determine slum and blighted
area and provide estimates ofrepair to blighted structures. Mr. Dittenber stated that he was able to visit the
Connie's Ceramic site ivith City staff and report back to City Council Members concerning their findings.
The Council Members expressed appreciation to Mr. Dittenber and accepted CFIA's involvement in
providing such a report.
ooBOOK 55 PAGE 16
Council Member Biggers reported that he had attended the Disabled American Veterans monthly me€ting
which was held on January l4d. He noted that the chapter is very excited about the rehabilitation of the
Carnegie Library building for use as a Veteran's Memorial Hall.
(MAYOR'S COMMENTS)
The Mayor inquired as to who would be interested in serving on the governance board for operation ofthe
Veterans Memorial Hall. He noted that the board would be comprised of two members each organization -
the Disabted American Veterans, the Veterans of Foreign Wars, and the American Legion' The
representative from the City of Caldwell would be a voting member. Council Member Biggers asked to be
included on the governance board as representative from the City.
The Mayor provided an update on the rehabilitation of the Veterans Memorial Hall under the project
management of Terry Harrell of the Disabled American Veterans. The Mayor reported that he recently met
with Mr. Harrell concerning the project's progress. There is has been a great effort to organize funding, pro
bono professional services from a local architect, and organize a phased plan for the project. An insert in
the upcoming water bills will be included introducing the rehabilitation project to the public and asking for
private donations.
The Mayor presented his year-end activity report:
o The Mayor attended or chaired 789 scheduled meetings
o The Mayor worked 246 out of252 calendar work days throughout the year
o Per the City Code, the Mayor is required to work 1,980 hours - Mayor Nancolas worked 2,415.5 hours.
o The Mayor participated in approximately 30 boards and commissions representing the City of
Caldwell.
In 20 I 3, Mayor Nancolas attended the following conferences and trainings:
o National League of Cities Boards Meeting in January
o National of Cities Conference in Washington, D.C., in March
o Associates ofldaho Cities Conference in June
o National League of Cities Board Conference Meeting in July
e National of Cities Conference in Seattle in November
Mayor Nancolas continues to represent the City ofCaldwell on various agency boards such as the NLC'S
Board of Directors; COMPASS Executive Committee; Valley Regional Transit; Association of Idaho
Cities, AIC's Youth, Education and Families Committee; NLC's Youth/Educatior/and Families; the Idaho
Emergency Communication Commission; and the Canyon County Organization on Aging.
Upcomins Events:
o lanuary 22 - Mayor speaking at the Lion's Ctub at noon at the Golden Palace from noon to I :00 p.m.
. January 26 - Meeting with local citizens at the Harmon Event Center at 9:00 a.m. conceming local
service projects and how citizens can assist the City with various items. The Mayor will be speaking at
this meeting organized by Jim and Sharon Porter.
o The State ofthe City Address to be held on January 286 at 4:00 p.m. at the College of ldaho Jewett
Auditorium.
. January 29 - Association of Idaho Cities Board Meeting where the legislative agenda will be
discussed.
. January 30 - Day at the Capitol at 9:00 a.m. Each council member will meet personally with a
legislator that day.
r January 30- Treasure Valley Partnership Meeting at 8:00 a.m. The Mayor invited Council Members
to attend ifavailable.
o The Mayor announced that he will out of town with his family and therefore will not be attending the
City Council Meeting on February 1Sft.
The Mayor reported that legislature is in session and he has been in discussion with legislators and Ken
Harward at the Association of Idaho Cities concerning potential legislative matters that would be harmful
to the City.
He reported that Dave Jones has been promoted as the ITD State Engineer. He will be meeting with Mr.
Jones, Mark Hilty, and Brent Orton on Thursday at l0 a.m. Mr. Jones desires to continue to work with the
City concerning the Blaine and Cleveland and/or Hwy. 20/26 projects.
The Economic Development Taskforce will be meeting on Thursday.
(EXECUTTVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION [Bl FOR
THE PURPOSE OF DISCUSSING THE f,VALUATION, DISMISSAL OR DISCIPLINING OF' OR TO
Hf,AR COMPLAINTS OR CHARGES BROUGHT AGAINST, A PUBLIC OFFICER, EMPLOYEE'
STAFF Mf,MBER OR INDIVIDUAL AGf,NT AND SUBSf,CTION [F] FOR THf, PURPOSE OF
DTSCUSSING PENDING LITIGATION OR WHERE THERf, IS A Gf,NERAL PUBLIC AWARENESS
OF PROBABLE LITIGATION)
MOVED by Hopper, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code,
Section 67-2345, Subsection l(b) for the purpose ofdiscussing the evaluation, dismissal or disciplining of,
or to hear complaints or charges brought against, a public officer, employee, staff member or individual
agent and Subslction (t) for the purpose of discussing pending litigation or where there is a general public
urur"n"ss of probable litigation, and Subsection (c) for the purpose of discussing an interest in real
property not owned by a public agency at 9: l9 p.m.
ooBOOK 55 PAGE I7
Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no:
none Absent and/or not voting: none'
MorIoN .ARRIED
MOVED by Callsen, SECONDED by Blacker to reconvene into Regular Session.
(ADJOURNMENT)
MOVED by Ozuna, SECONDED by Blacker to adjoum at 10:21 p.m.
APPROVED AS written THIS 3rd DAY OF-Ecbnrery-*2014.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk
MOTION CARRIED
MOTION CARRIED
o eAGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY - JANUARY 21,2014 AT 7:00 P.M.
INVOCATION OFFERED BY REVEREND TONY VAN MANEN OF CENTENNIAL
BAPTIST CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATION.
a. Presentation: Bob McGee - Airport Commission
b. Presentation: Report from Brian Taylor, Canyon County Prosecutor
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:l. Approve acceptance of the minutes of the Caldwell City Council Meeting held on January 6,
2014; the Caldwell Industrial Airport Commission Meeting held on January 2,2014: the
Senior Center Board Meetings held on October 17,2013, December 9,2014, and December
t7,2013;
2. Approve Order of Decision for Case No. SUB-194E-08 (Oasis Commercial Time Extension);
3. Approve Order of Decision for Case No. SUB/PUD-205F-10 (Whitney Springs #3 Phase I
Final Plat);
4. Approve Order of Decision and Development Agreement for Case No. SUB-O7(P)-13,ZON-
92-13 (Castle Peak Subdivision #3);
5. Approve Resolution No. 0l-14 authorizing the fbrmation of LID l4-1 for the construction
and replacement of concrete curbs, gutters, sidewalks, pedestrian ramps, and drive
approaches on City right-of-way;
6. Approve Resolution No. 02-14 authorizing the formation of LID l4-2 for paving
improvements to the alley in the 800 block between Fillmore and Grant;
7. ApproveResolutionNo.03-14authorizingthetbrmationofLlDl4-3fortheextensionofa
domestic water mainline across Canyon Hill Lateral and into 0 Andy Lane;
8. Approve Resolution authorizing the execution of a Pipeline Crossing Agreement with Union
Pacific Railroad to allow for the installation of a water mainline underneath railroad track
located at 2nd Avenue and Hwy 19;
9. Approve Resolution authorizing the execution of a Lefter of Intent/Agreement to purchase
property from Tim Rambo for construction of a regional sewer lift station located on the west
side of Pond Lane approximately 1000 feet south of US Hwy 20-26;
10. Approve Resolution accepting an Easement from Viper Investments, LLC for a sewer line
across a portion of property owned by Viper Investments LLC;
I l. Approve Award of Bid for gravel crushing in the amount of $101,040 to Deer Flat Sand and
Gravel, Inc.;
12. Approve Resolution accepting the 2014 lrrigation Assessment Roll, accepting Estimate ofExpenses
for Irrigation System, setting Irrigation Assessments and Fees, and setting the date and place for the
Board of Corrections Meetings pursuant to ldaho Code for pressure irrigation provided by the
Caldwell Municipal Irrigation District;
13. Approve the re-appointment of Debbie Geyer to the Friends of the Depot Board for a term to
expire December 31, 2017 ;
14. Approve request for a Taxi or Commercial Transportation Business License to ABC
Meridian Taxi, LLC;
15. Approve requests from the Human Resources Department, the City Clerk, the Fire
Department, the Water/Finance Department, and the Finance Department to destroy semi-
permanent or temporary records.
OLD BUSINESS:
l. CONTINUED Public Hearing (Quasi-judicial): Case No. SUB-03(P)-13 a request by JRL
Properties and Kent Brown for preliminary plat approval of Crown Point Subdivision
consisting of five (5) commercial lots in a C-4 Freeway Commercial zone located on the east
side of Aviation Way, approximately 1,200 feet south of Franklin Road. (It has been
requested by the applicant that this item be continued to the CW Council fuleeting to be
held on February 3,2014)
NEW BUSINESS:l. Hearing conceming the Council's consideration of Resolution No. 16-14, ordering the
demolition of the buildings and/or stnrctures located at 2022 E. Linden, commonly known as
Connie's Ceramics. pursuant to ldaho Code g 50-335.
Page I of2 cc-l
2. Consider Resolution No. l6-14, ordering the denrolition of the buildings and/or stmctures
located at 2022 E. Linden, commonly knou'n as Cormie's Ceramics. pursuant to ldaho
Code $ 50-335.
3. Consider Resolution authorizing the execution of a Lease Agreement for properly located at
300 Frontage Road to Christian Faith Center (CFC).
4. Consider Bill No. 25 (ordinance No. 2946) for ZON-92-13 lCastle Peak No. 3) u'ith a
request to waive the rules, pass on the first reading, and approve the summary for
publication.
5. Public Hearing (Quasi-Judicial): case Number SUB/PUD-02(P)-13 and ZoN-93-13 a
request by La Bella Vida, for the following: Comprehensive Plan Map change from Low
Density Residential to Residential Estates; Rezone of approximately 260 acres from R-l Low
Density Residential to RS-l Residential Estates; and preliminary plat approval of La Bella
Vida Subdivision consisting of 59 residential lots and six common lots. The subject property
is located at the northeast comer of Midland Road and Lincoln Road with the Boise River
being its northerly boundary. Qt has been requested by staff thar this item be continued to
the City Council Meeting to be held on Februa4' 3,2014)
6. Financial and Human Resource Report.
7. Council Reports.
8. Mayor's Comments.
9. Executive Session pursuant to Idaho Code, Section 67 -2345, 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, staffmernber or individual agent and Subsection
(f) for the purpose of discussing pending litigation or where there is a general public
awareDess of probable litigation.
10. Adjourn.
Next Regular City Council Meeting is on Monday, February 3, 2014 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 4ll Blaine Street or
call #455-4656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City
of Caldu,ell's u,ebsite: www.citvofcaldwell.com. Cualquier persona necesitando comodidades
especiales para participar en la reuni6n debe contactar al Vendedor de Ciudad en 4l I Blaine St' o
llame a #455-4656 antes de la reuni6n.
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