HomeMy WebLinkAbout2009-07-20city council minutesBOOK 50
REGULAR MEETING
JULY 20, 2009
7:00 P.M.
PAGE 93
The Mayor reported that a public workshop was held at 6:00 p.m. for the purpose of discussing a
proposed Youth Master Plan for the City of Caldwell and the proposed transfer of City -owned real
property to Canyon County known as the land underlying the Canyon County Fair Building. No
decisions were made and no action was taken.
The Mayor asked that everyone stand for the invocation offered by Pastor Aurelio Ambriz of the
Salvation Army and to remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan, and Sobba.
SPECIAL PRESENTATIONS
The Mayor acknowledged Mr. Frank Crookham, a resident of the City of Caldwell for 100 years
who recently celebrated his 100' birthday. The Mayor highlighted the life of Mr. Crookham and
expressed gratitude to the Crookham family for their many years of service to the community.
Mr. Crookham was presented with a Key to the City of Caldwell from the Mayor and Council.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to approve the agenda as distributed.
Those voting yes: unanimous.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by Members of
the City Council:
1. Approve acceptance of the minutes from the Special City Council Workshop Meetings held on
July 6, July 8, and July 13, 2009; the Regular City Council Meeting held on July 6, 2009; the
Caldwell City Traffic Commission Meeting held on July 13, 2009; and the Caldwell Public
Library Board Meetings held on May 7, 2009 and June 4, 2009;
2. Approve Order of Decision for Case Number SUB- 194PF -09 (Carrington Center II short plat);
3. Approve Resolution No. 108 -09 authorizing adoption of Communities in Motion as an advisory
document;
4. Approve Resolution No. 109 -09 authorizing the waiver of community development fees for
projects funded by the City of Caldwell's general fund;
5. Approve Resolution No. 110 -09 in support of the second amendment to the Joint Exercise of
Powers Agreement for the purpose of creating a multi - county housing authority to foster
housing development in the participating counties;
6. Approve Resolution No. 111 -09 authorizing the apparent low bidder to Sommer Construction
in the amount of $42,982.15 for raising buried sewer manholes to ground level (finish grade)
and constructing concrete collars around manholes and water valves located in paved areas;
7. Approve Resolution No. 112 -09 authorizing the execution of an extension of an airport tenant
agreement for GTEAF, dba Verizon Airfone, Inc., from September 1, 2005 until August 31,
2010;
8. Approve Resolution No. 113 -09 accepting a Quit Claim Deed from Mountain West Bank for
the purpose of right -of -way along Moss Street;
9. Accept Assessment Roll for Local Improvement District No. 09 -02 (Dewey Lane Sewer) and
set the public hearing date for August 17, 2009;
10. Approve request from Francisco R. Ochoa (El Centenario Restaurant & Nightclub) for a
transfer of the Liquor, Beer, or Wine License at 424 E. Elgin Street.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as printed.
Those voting yes: unanimous.
MOTION CARRIED
OLD BUSINESS:
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CONSIDER OPTIONS SET FORTH
IN IDAHO CODE 39 -116B [3] REGARDING THE IMPLEMENTATION OF AN AIR
QUALITY/VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM)
Maggie Colwell, 411 Blaine Street, presented the staff report and outlined the options associated
with House Bill 586. She reported that the City may choose one of three options: 1) enter into a
joint powers agreement with DEQ to implement a vehicle inspection and maintenance program
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(funding would be provided), 2) implement an alternative emissions control strategy (no funding
would be provided); and 3) allow DEQ to plan, implement, and run the vehicle emissions inspection
program for the City of Caldwell. She noted that the response from Council concerning these
options is due to the Idaho Department of Environmental Quality by August 20, 2009.
Charles Johnson, 67 N. Happy Valley Road, spoke in opposition to the request. He presented a
collection of documents substantiating his opposition of allowing a county -wide emissions testing
program. He recommended that Council support Canyon County's alternative program.
Richard Winder, 2810 Morning Mist Lane, spoke in opposition to the request. He noted that DEQ
has presented erroneous information. He reported on statistics regarding the Ada County's
emissions testing failure rate. He recommended that Council support Canyon County's alternative
program.
Ms. Colwell responded to questions from Councilman Hopper concerning Ada County's first time
failure rates and potential costs associated with an outside vendor being contracted to conduct the
testing program.
The Mayor recommended that a letter be sent to the Department of Environmental Quality
concerning measures that the City of Caldwell has already taken to improve air quality and state
Council's support for the Canyon County Commissioners' plan to pursue an alternative to the
emission testing program.
Councilman Oates suggested that DEQ respond to the data as exposed by Mr. Johnson and Mr.
Winder.
Councilman Hopper recommended that Council not support Option #1 but look more toward Option
#3, thus supporting the County's program to develop an alternative program. Efforts should be
applauded to achieve the reductions through a non - testing option.
Ms. Colwell noted the two legislative options would be to repeal the law in its entirety or delay the
rules action within the House, which would possibly postpone rule implementation for
approximately one year.
MOVED by Oates, SECONDED by Dakan to support the County's alternative plan and direct staff
to inform the Department of Environmental Quality of that action.
Those voting yes: unanimous
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
The Mayor declared a brief recess.
MOTION CARRIED
MOTION CARRIED
(CONTINUED PUBLIC HEARING (LEGISLATIVE): A REQUEST BY CALDWELL'S
ENGINEERING DEPARTMENT AND PLANNING AND ZONING DEPARTMENT FOR
AN ORDINANCE AMENDMENT TO AMEND CHAPTER 12, ARTICLE 17 OF THE
CALDWELL CITY CODE CONCERNING PUBLIC RIGHTS -OF -WAY
IMPROVEMENTS)
Brent Orton, 621 Cleveland Blvd., presented the staff report and noted that the item had previously
been through the Council workshop process. He outlined the changes made to the ordinance as
recommended by Council at the workshop.
MOVED by Blacker, SECONDED by Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 11 [ORDINANCE NO. 27941 FOR PUBLIC RIGHTS -OF -WAY
IMPROVEMENTS 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 AMENDING CHAPTER 12, ARTICLE 17 OF THE CALDWELL CITY
CODE CONCERNING PUBLIC RIGHTS -OF -WAY IMPROVEMENTS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill
No. 11 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
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MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 11, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
(CONTINUED PUBLIC HEARING TO DISCUSS THE PROPOSED TRANSFER OF CITY -
OWNED REAL PROPERTY TO CANYON COUNTY KNOWN AS THE LAND
UNDERLYING THE CANYON COUNTY FAIR BUILDING. THE UNDERUTILIZED
PROPERTY IS PART OF A LARGER AREA KNOWN AS THE CALDWELL EVENTS
CENTER OR CANYON COUNTY FAIRGROUNDS)
MOVED by Hopper, SECONDED by Blacker to continue the public hearing and accompanying
documents to the next Regular City Council Meeting to be held on August 3, 2009 at 7:00 p.m.
based on the need for additional information as discussed in the workshop held earlier this
evening.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 14 [ORDINANCE NO. 27971 FOR TRANSFER OF CITY -OWNED
UNDERUTILIZED REAL PROPERTY KNOWN AS THE CANYON COUNTY FAIR
BUILDING TO CANYON COUNTY WITH A REQUEST TO WAIVE THE RULES, PASS
ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
This item was continued by previous motion.
(CONTINUED PUBLIC HEARING (QUASI - JUDICIAL): CASE NUMBER SUB- 196P -08 A
REQUEST BY JRL PROPERTIES LP AND BAILEY ENGINEERS FOR PRELIMINARY
PLAT APPROVAL OF CROWN POINT SUBDIVISION CONSISTING OF 21 BUILDABLE
COMMERCIAL LOTS IN A C -4 INTERCHANGE /FREEWAY COMMERCIAL ZONE.
THE SITE IS ADDRESSED AS 3912 HWY 20 -26 AND IS LOCATED AT THE
SOUTHEAST CORNER OF HIGHWAY 20 -26 AND AVIATION WAY)
The Mayor noted that this item has been tabled by staff and the applicant until further notice.
NEW BUSINESS:
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER SUB- 193PF -09 A REQUEST
BY TWENTY 06 LLC, MICHAEL USTICK, TRACY HARCOURT, JAMES TOWNSEND,
6909 ENOCH DRIVE TRUST, TAP CHUNG, KLGM INVESTMENT, JEREMY
NEWBERRY, PATRICIA MITTRY WARD REVOCABLE TRUST, SHAWNEE
DEVELOPMENT AND RMR CONSULTING FOR SHORT PLAT /CONDO PLAT
APPROVAL OF FAITH LANDING CONDOMINIUMS 42 CONSISTING OF 10
BUILDINGS WITH 4 UNITS IN EACH BUILDING FOR A TOTAL OF 40 UNITS,
LOCATED ON THE NORTHERLY SIDE OF CLEVELAND BOULEVARD AND THE
WESTERLY SIDE OF HOFFMAN LANE)
Anne Marie, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as
written. She noted that the subject received special use permit approval in 2005 for a multi - family
housing project. Some of the lots have already received approval for condo plats. The plat utilizes
an existing street system; therefore no new street improvements are proposed or required. All of the
landscaping requirements have been met within the subdivision platting process.
Matt Schultz, 2127 S. Alaska Way, Meridian acknowledged being sworn in and spoke in support of
the project. He noted that the condo platting process involves engineering services only without any
additional construction to the site.
T.J. Biggers, 3519 Hoffman Lane, acknowledged being sworn in and spoke in opposition to the
request. He expressed his disapproval of the current development and stated that the highest and
best use of the site would be commercial/industrial use — not residential. He noted that he purchased
his property after the Faith Landing project had begun. Hoffman Lane was a county road and pre-
existed the development. He requested that the Nile Canal be tiled to allow Isaiah Street to connect
to Hoffman Lane. This would assist with access to the boulevard and traffic control issues.
Ms. Skinner noted that the connection the request does not address access issues with Hoffman Lane
since Faith Landing Subdivision No. 2 was already platted. The portion that will provide
connectivity to Hoffman Lane is not being considered with this application.
In rebuttal, Matt Schultz reported that the entire development will be an asset to the community. He
noted that he would contact Mr. Biggers regarding future consideration of a cross access easement
regarding Hoffman Lane.
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Brent Orton, 621 Cleveland, explained that Hoffman Lane was considered at the time of the initial
development, but the owners of the adjoining property indicated that Hoffman Lane was privately
owned. He concurred that a cross access agreement could possibly resolve traffic issues as
addressed by Mr. Biggers.
MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB-1 93PF-09:
The Mayor presented the Evidence List: staff report, short plat, and sign -up sheets.
MOVED by Callsen, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS ON CASE NO. SUB- 193PF -09:
MOTION CARRIED
MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as
presented in the staff report under roman number V.
Those voting yes: unanimous.
MOTION CARRIED
MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, and the evidence list that was provided.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 193PF -09:
MOVED by Blacker, SECONDED by Hopper that the Caldwell City Council has the authority to
hear this case and to make the decision to approve or deny; and the public hearing was noticed and
heard within the guidelines of applicable state codes and local ordinances.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB- 193PF -09:
MOVED by Blacker, SECONDED by Hopper, based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. SUB- 193PF -09, a request by Twenty
06 LLC, Michael Ustick, Tracy Harcourt, James Townsend, 6909 Enoch Drive Trust, Tap Chung,
KLGM Investment, Jeremy Newberry, Patricia Mittry Ward Revocable Trust, Shawnee
Development and RMR Consulting for short plat/condo plat approval of Faith Landing
Condominiums #2 consisting of 10 buildings with 4 units in each building for a total of 40 units is
approved.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Blacker, SECONDED by Callsen to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
The Mayor suggested that Mr. Schultz and City staff address the possibility of a future cross
access agreement with Mr. Biggers as discussed in public testimony. He requested that Brent
Orton research the existing agreement for any language addressing this issue.
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 112 -09 A REQUEST BY
CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO SECTIONS 10 -08 -01 THROUGH 10- 08 -03, CONCERNING THE TREE
ORDINANCE, OF THE CALDWELL CITY CODE)
MOVED by Hopper, SECONDED by Blacker to continue the public hearing and accompanying
document to the next Regular City Council Meeting to be held on August 3, 2009 at 7:00 p.m.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY CALDWELL'S BUILDING
DEPARTMENT AND PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO CHAPTER 12, ARTICLE 11, CONCERNING SIGNS; CHAPTER 12,
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ARTICLE 1, CONCERNING WORK EXEMPT FROM PERMITS; AND, CHAPTER 12,
ARTICLE 1, CONCERNING CERTIFICATE OF OCCUPANCY OR COMPLIANCE)
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as
written. She noted that the ordinances addresses text amendments dealing with sign regulations,
certificates of occupancy, and building permits not being required for storage sheds not exceeding
200 square feet and decks not exceeding 200 square feet and not more than 30 inches above grade.
Adele Adams, Building Department Plans Examiner, 621 Cleveland Blvd., spoke in favor of the
request. She noted that the proposed changes for the occupancy permits would stream line the
process for the public. The deck and accessory structure text amendments are consistent with other
municipalities within the Treasure Valley.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 16 [ORDINANCE NO. 27991 FOR THE BUILDING CODE
ORDINANCE IN CHAPTER 12 OF CITY CODE 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 AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, A
MUNICIPAL CORPORATION, STATE OF IDAHO, BY AMENDING ARTICLE 1, SECTION
21 OF CHAPTER 12 OF THE CALDWELL CITY CODE REGARDING AMENDMENTS TO
THE INTERNATIONAL BUILDING CODE AND INTERNATIONAL RESIDENTIAL CODE;
DELETING ARTICLE 11 OF CHAPTER 12 OF THE CALDWELL CITY CODE REGARDING
SIGN REGULATIONS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 11
OF CHAPTER 12 REGARDING SIGN REGULATIONS; AMENDING ARTICLE 1, SECTION
17 OF CHAPTER 12 OF THE CALDWELL CITY CODE REGARDING CERTIFICATE OF
OCCUPANCY OR COMPLIANCE /CHANGE IN USE OF BUILDING; ESTABLISHING AN
EFFECTIVE DATE, SEVERABILITY, AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill
No. 16 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 16, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 15 [ORDINANCE 27981 FOR AN AMENDMENT TO CHAPTER 6,
ARTICLE 11, SECTION 06 -11 -3, RELATING TO REQUIREMENTS FOR OBTAINING A
TAXI CAB LICENSE WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
Debbie Geyer, 411 Blaine Street, reported that the ordinance addresses the requirements for
obtaining a taxi cab license. The text amendment allows for an FBI background check to be
conducted on both taxi cab business owners and taxi cab drivers.
The Mayor read the ordinance by title only
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 11, SECTION 06 -11 -3, RELATING TO REQUIREMENTS FOR
OBTAINING A TAXICAB BUSINESS LICENSE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill
No. 15 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 15, move for its passage, and
approve the summary for publication.
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Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable
in the amount of $377,471.24 for the pay period ending July 8, 2009 and a net payroll in the
amount of $281,078.11 for the pay period ending July 4, 2009.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $377,471.24
represented by check numbers 61713 through 61845 and the total payroll in the amount of
$281,078.11 presented by check numbers 17950 through 18020 and direct deposits be accepted,
payments approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Blacker reported that Canyon County has cut one -half of the funding for the Caldwell
Economic Development Council.
Councilman Hopper stated that he was looking forward to attending the Canyon County Fair.
(MAYOR'S COMMENTS)
The Council Budget Workshop will be held on Wednesday, July 22, 2009 at 6:00 p.m.
The Caldwell Farmer's Market will be held on Wednesday afternoon at Serenity Park.
He will out of the office to attend a family reunion on July 23` and 24 d '.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION
1[C] FOR THE PURPOSE OF DISCUSSING DELIBERATIONS CONCERNING THE FIRE
FIGHTERS' CONTRACT AND LAND ACQUISITION, AND SUBSECTION [F] FOR THE
PURPOSE OF DISCUSSING PENDING LITIGATION)
MOVED by Hopper, SECONDED by Oates to convene into an Executive Session at 9:15 p.m.
pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing
deliberations concerning the fire fighters' contract and land acquisition, and Subsection (f) for the
purpose of discussing pending litigation.
Roll call vote. Those voting yes: Hopper, Oates, Callsen, Dakan, Sobba, and Blacker. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to reconvene into regular session.
Those voting yes: Unanimous.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Hopper to adjourn at 9:25 p.m.
Those voting yes: unanimous.
MOTION CARRIED
MOTION CARRIED
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APPROVED AS written THIS 3" DAY OF AUGUST
2009.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk