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HomeMy WebLinkAbout2003-06-03city council minutesSPECIAL (REGULAR) MEETING JUNE 3, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Freddie Lane of Caldwell Christian Center. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, and Callsen. Absent: Blacker. SPECIAL PRESENTATIONS The Mayor read a Proclamation in honor of care givers and nursing assistants in our community: WHEREAS: Nursing homes, homecare, and other long -term care agencies have accepted the responsibility for providing quality care and a quality of life for the elderly, frail or disabled citizens in our community. AND WHEREAS: The well -being and happiness of these citizens depend, in large part, on the nursing assistants, homecare aids, and others who provide daily, conscientious, hands -on care in nursing homes and other long term care settings. AND WHEREAS: These Career Nursing Assistants are instrumental in promoting and safeguarding the physical, mental, emotional, and spiritual well -being ofthe residents, clients, and their families. AND WHEREAS: Career Nursing Assistants are trained professionals who collaborate closely with other health care providers to provide quality care and elevate the status of their chosen vocations as reflected in their Code of Ethics. AND NOWTHEREFORE, I, Garret Nancolas, Mayor of the City of Caldwell, do hereby proclaim June 12 — 19 2003 as Nursing Assistants' Week and commemorate the 26 Anniversary Year Celebrating the Great American Caregiver and urge all citizens to join with me in this observation by expressing encouragement and appreciation for the services performed by those caregivers in the public good. MOVED by Hopper, SECONDED by Callsen to endorse this Proclamation and present to caregivers for this week. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED ADDITIONS OR DELETIONS TO THE AGENDA There were no additions or deletions to the Agenda. MOVED by Dakan, SECONDED by Hopper to approve the Agenda as written. Roll call vote. Those voting yes: Dakan, Wells, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED AUDIENCE PARTICIPATION Norman Rudson, 802 Sun Crest, Caldwell addressed the Council and Mayor concerning the storage building located on a residential lot on Sun Crest. The neighbors were under the understanding that, with the denial of the appeal of Ames to build on this lot, there included a consideration of the fact that whatever residence was built on there would have to be superior or larger than the storage building to minimize the impact that it had on the neighborhood. They arose at this understanding based on the decision of the Planning & Zoning Commission. He read decisions and comments that the Planning & Zoning Commission had made. He has investigated permits that were issued and he believes that the storage building does sit on a portion of the drain field, which is going to make it necessary for that to be abandoned and the house adjacent to that will have to put another septic system in or something done to resolve. Neighbors still question the setback of the storage building. He asked for the Council's consideration that no further building be permitted on this lot until these problems are addressed and resolved the best way possible. Stephen Bartch, 22316 Rutledge Drive, stated that he plans to build a two -story house. He cannot build a house big enough to hide that shop. He has offered to relocate the drain field for the neighbor and he verbally agreed. He just wants to get building on his home. The Mayor stated that the City is responding to this at the staff level. The City's goal is not to make a hardship on the owner or the neighbors or anybody else. A response will be given at the staff level as far as what needs to be done to remedy and the best avenue to pursue. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the May 19, 2003 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Historic Preservation Commission held on January 8, 2003 and February 20, 2003, the Caldwell Planning & Zoning Commission held on April 16, 2003, and the Caldwell Golf Board held on April 16, 2003; 3. Approve Orders of Decision on Case No. SUB- 84(1)F -03 (Apple Creek Subdivision) and Case No. SUB -83P- 03 and ZON -28 -03 (Montecito Park); 4. Approve Resolution authorizing execution of an addendum to an existing Cooperative Agreement with Idaho Transportation Department: RESOLUTION NO. 43 -03 WHEREAS, the Idaho Transportation Department, hereafter called the State, has submitted an Addendum to the Cooperative Agreement stating obligations of the State and the City of Caldwell, hereafter called the City, for design and construction of Franklin Road IC, Caldwell; and WHEREAS, the City has agreed to participating in the funding of the project; NOW, THEREFORE, BE IT RESOLVED: 1. That the Addendum to the Cooperative Agreement for Federal Aid Highway Project IM- NH -84- 1(043)29 is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Addendum on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. 5. Approve Resolution authorizing execution of an Agreement for Planning Services for the Development of the Caldwell Airport with W &H Pacific: RESOLUTION NO. 44 -03 BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Agreement for Planning Services for the Development of the Caldwell Airport, which agreement is by and between said City and W &H Pacific, and which Agreement is attached hereto and made part hereof as if set forth in full. MOVED by Hopper, SECONDED by Ozuna to approve the Consent Calendar as written. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED OLD BUSINESS (PUBLIC HEARING REGARDING THE AMENDMENTS TO CITY CODE AND STREET LIGHT ORDINANCE RELATIVE TO A NEW BILLING AND COLLECTION POLICY) The Mayor indicated that there have been several workshops and discussions concerning this issue. This public hearing addresses the issue of collecting delinquent water bills and consideration for a deposit in order to offset some ofthose collections. Gordon Law, City Engineer, at 621 Cleveland Blvd., Caldwell gave a brief summary of the purpose for this Bill. The Agenda did not indicate that this would be a first reading; Council and Mayor agreed to proceed with public hearing and then notice it for the next City Council Meeting. The issue that brings us here is that in an average year, the City loses about $87,000 in uncollected billings (or about $7,000 a month). Included in the Council packets are items that will not be considered tonight; but, which are relevant to any discussion concerning the amendment to the code. These items are a proposed billing and collection policy, one of the items in the billing policy is the implementation of a security deposit, which would be intended to defray or offset bills that had not been collected when an occupant closed their account or left. The amount being proposed for the security deposit is $100, which is identical to what the City of Nampa charges. The way the policy is written now, the City assumes 100 percent of the responsibility for uncollected debt. The change in the policy would transfer a portion of that responsibility to the owner and a portion of that responsibility to the tenant or occupant if it was different from the owner. The amendment would require the owner of the property to get permission in every instance when a service is turned on. This would satisfy the state requirement that the owner be involved in that decision if they are going to be ultimately responsible for the bill. Comments that were received from property owners were to make sure that the City charged a sufficient and adequate deposit to help the owner so that they are not left carrying the full responsibility. A part of this consideration is the City's granting of charity in hardship cases. The proposed policy would require that the owner also be a part of the permission to grant charity to the tenant. Councilman Hopper asked how this policy would be implemented across the City. Is there any retroactive collection that would happen, would it only apply to new accounts? Law answered that should an account become delinquent a sufficient number of times or to a sufficient extent, then the policy could apply; or when a new tenant occupies a property it would apply; or when a person moves into a new home the policy would apply. There may be a group of people that would not have to provide deposits if they keep their accounts current and they don't have a delinquency on their accounts; they may never be subject to the policy as long as they live on the property. MOVED by Hopper, SECONDED by Callsen to close the public hearing and bring back the proposed ordinance in two weeks for consideration. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (CONSIDER BILL NO. 16 [ORDINANCE NO. 24691 CASE NO. ZON- 28 -03, REGARDING MONTECITO PARK REZONE, WAIVE THE RULES AND PASS ON THE FIRST READING AND APPROVE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 16 (Ordinance No. 2469) by title only: AN ORDINANCE TO PROVIDE AN R -1 (SINGLE FAMILY RESIDENTIAL) ZONE AND C -4 (FREEWAY COMMERCIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT THE SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS R -1 AND C -4 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and pass Bill No. 16 on its first reading. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, and Wells. Those voting no: none. Absent and not voting: Blacker and Dakan (abstained). MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to sponsor Bill No. 16 for passage on the first reading and to approve the Summary for Publication. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker and Dakan (abstained). MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 74(1)F -02, A REQUEST BY PROVIDENCE DEVELOPMENT GROUP FOR FINAL SUBDIVISION PLAT APPROVAL FOR MILAGRO SUBDIVISION NO. 1) The Mayor explained the quasi - judicial process, the sign up sheets, and testimony. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in, gave the staff report, and noted the following. The financial guarantee, in a form approved by the City Engineer, shall be submitted to the City Engineer no less than thirty (30) days following the date of final plat approval by the City Council. As of the date of writing the staff report, the applicant had not submitted the form of bonding, the estimate of costs for completion of construction, or a bonding amount; however, this afternoon she received a copy of a bonding amount worksheet. The total estimate is for $187,157.69. She submitted this exhibit for Council to review and noted those items not yet constructed as well as the proposed bonding amount. The Mayor labeled the document as CC -1000. Gordon Law, City Engineer, 621 Cleveland Blvd. spoke about his concerns regarding the request for bonding. There is an acceptance of risk by the City that if the worst happens, the City ends up with the obligation by accepting a bond of this amount for a project of this amount. Also, there is the request to sign the final plat before the four basic safety facilities are provided in this subdivision. Those four basic safety facilities are: a working water system, which means fully approved and tested; a working sewer system, fully approved and tested; an all - weather surface on the roads; and signage for the streets. It has been the policy for many years not to sign the final plat until these four basic services are in place. The applicant submitted a worksheet indicating that the pressure sewer line is 50% complete, the sewer itself is 95% to 98% complete, and the water system is 95% complete. He would recommend that the City Engineer not be directed to sign a plat until all four safety items are fully in place. Ashley Ford, Director of Planning for the Hubble Group at 701 S. Allen Street, Meridian acknowledged being sworn in. They are asking for the flexibility to bond for the pressure sewer lift station as per the City's Ordinance so that they may work forward on gaining signatures on the final plat and start undergoing the recordation process. She read Section 11- 02 -06.E of City Ordinance as it pertained to the final plat approval. Mitch Armuth, business address 701 S. Allen, Meridian acknowledged being sworn in. He stated that the project is further along than what this bond request presents. He gave an account of outstanding items and an approximate time for their completion. Bruce Allcott, Fire Chief, City of Caldwell, 310 S. 7"' Avenue, spoke about the safety concerns he has. He agrees with Gordon Law's assessment of the four basic safety facilities and suggested that the City not present to anybody out there that lots could be used prior to the time in which those essential safety issues have been dealt with. He recommended that the City continue to do as they have done. In rebuttal, Mitch Armuth stated that they were wanting to continue the process towards the recordation of the plat. Councilman Wells stated that he has understood that they are about two weeks from completing the items on the punch list. If he understood the question to Council; the request is that they would like the final plat to be signed before the two weeks time is up rather than waiting. Armuth indicated that this was correct. Mark Hilty, City Attorney, provided legal interpretation regarding the City's Ordinance that addresses the bonding requirements. When it comes to the essential safety services, he believes it is within the discretion of the engineer to approve or not approve. There was discussion about the timing of the order of decision and the publication and recording of such. Hilty has previously discussed with Gordon Law the need to probably amend the City's subdivision ordinance to deal with the concerns surrounding the bonding provisions. The Mayor stated that the real issue is that the City has the responsibility to make sure that the basic safety and health issues for the public are protected and taken care of. We have always relied upon the City Engineer to tell us when those issues are taken care of. The conditions within a plat state that it becomes final when the City Engineer signs off on it. The City will not issue a building permit until those basic safety requirements are in place. By accepting a bond, the City actually accepts the responsibility to make sure that items are complete, even if it means the City has to pay extra beyond the amount of the bond in order to get the tasks accomplished. Gordon Law stated that there is nothing about any other issue relative to final plating for this applicant except the questions concerning the bond itself. There were two issues raised with respect to that bond. One was the safety services, which the City has historically not allowed somebody to bond for; rather, they have had to be completed prior to the signature on the final plat. The other one is the rising amounts of these bonds and the implications it has towards the obligations imposed on the City. MOVED by Hopper, SECONDED by Callsen to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff Report, sign -up sheets, subdivision plat, and exhibit CC -1000, which is a bonding statement provided by Providence Development Group. MOVED by Wells, SECONDED by Hopper to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Ozuna to approve the general facts outlined in the Staff Report, the public testimony that was given this evening, the fact that there were no objections to the applicants final plat per say, just questions concerning the issues around the bonding amount and the completion of the safety services. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests for final plat approvals and to approve or deny, the hearing was legally noticed and conducted within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED ORDER OF DECISION: MOVED by Wells, SECONDED by Hopper that based upon the Findings of Fact and the Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 74(1)F -02, a request by Providence Development Group for final plat approval of Milagro Subdivision No. 1 to develop 55 residential lots and 8 common area lots on approximately 14.7 acres is approved. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED MOVED by Wells, SECONDED by Hopper to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (APPROVE THE MODIFIED SOLID WASTE SERVICES CONTRACT, APPROVE A RESOLUTION AUTHORIZING THE EXECUTION OF ADDENDUM TO THIS CONTRACT, AND TO SET PUBLIC HEARING FOR THE PROPOSED FEE INCREASES RELATIVE TO THIS CONTRACT FOR JULY 7, 2003) Gordon Law, City Engineer, requested that a time and date be set for the public hearing on these fee increases and requested that it be set for July 7 h . MOVED by Wells, SECONDED by Ozuna to approve a Public Hearing for July 7, 2003 at 7:00 p.m. in these Council Chambers for consideration of a fee increase associated with the Solid Waste Services Contract. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED Gordon Law noted that representatives from Browning - Ferris Industries were present and could answer any questions that Council might have concerning this contract. The matter proposed before Council is in two parts: an agreement, which has been negotiated over a long period of time, and an addendum, which recognizes that there is some question concerning the status of exclusive franchise arrangements. The recommendation is that both the agreement and the addendum be approved and the resolution, which indicates both of these documents. The Mayor read the Resolution by its title: RESOLUTION NO. 42 -03 BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Agreement and Addendum titled "Waste Collection Services Contract ", by and between said City and BFI Waste Systems of Idaho, which agreement is for the providing of solid waste collection services in said City, and which agreement is attached hereto and made a part hereof as if set forth in full. MOVED by Callsen, SECONDED by Hopper to sponsor this resolution with its passage. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED MOVED by Hopper, SECONDED by Wells to extend contract with BFI from June 30, 2003 to July 30, 2003 or to the execution of the new contract, whichever occurs first. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (CONSIDER APPROVAL OF A LANDSCAPING SCHEDULE /DEFERRAL AGREEMENT PROPOSED AT 410 S. 1 sT AVENUE WITH RICHARD NORDBERG) Steven Hasson, Community Development Director at 621 Cleveland Blvd., Caldwell presented exhibits showing landscaping plans and the property located at 410 S. 1" Avenue. Hasson stated that Mr. Nordberg came forward and sought a change of use permit because he is transitioning his property from something that had several shacks on it to placing an auto sales business on this lot. This property takes up most of the block and there are four streets, two of them are gateway streets, which means that they are subject to design review. There is a lot of landscaping that has to be provided. Mr. Nordberg is very receptive to providing for this landscaping provided he has some time to install it. The landscaping ordinance is silent about any deferral. The proposed Landscaping Schedule /Deferral Agreement would afford Mr. Nordberg three years in which to put in the landscaping and there would be certain provisions if he didn't do that within that time frame. The landscape schedule constructed would require him to place all of the coverage and irrigation for all sides of the property the first year and then in subsequent years, he could put in the bushes, trees, and everything else that is required. Hasson continued: This request is brought to the Council to make sure they are comfortable with this kind of vehicle in certain circumstances. In addition, if Council were comfortable with this, this would become part of an amendment to the Landscape Ordinance. There would be a clause in the Landscape Ordinance to indicate that there might be opportunities for deferral of landscaping requirements in certain conditions. He discussed various types of conditions that would be considered. He requested Council's consideration for a landscape schedule plan for Mr. Nordberg that would have a timetable and certain performances associated with it and to consider inserting certain language into our landscaping ordinance that would provide relief in certain circumstances. Councilman Dakan asked if a bond would be required. Hasson answered that the way the language is constructed it would not require a bond; but rather a default clause that would provide recourse to the City. Councilman Wells stated that he was in favor of this. MOVED by Dakan, SECONDED by Callsen to approve the Landscape Scheduling Plan/Deferral Agreement and to amend the Landscaping Ordinance based upon the criteria presented by Steven Hasson. Roll call vote. Those voting yes: Dakan, Wells, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $544,105.18 for the period ended May 28, 2003 and a net payroll of $175,060.88 for the pay period ended May 17, 2003. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $544,105.18 represented by check numbers 14896 and through 15092 and the total payroll for the amount of $175,060.88 represented by check numbers 2515 and through 2593 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. y � F .').S;.r . ••°.' c;: �' �v . 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