HomeMy WebLinkAbout2007-12-03city council minutesBOOK 48
REGULAR MEETING
December 3, 2007
7:00 P.M.
PAGE 200
The Meeting was called to order by Mayor Nancolas.
He noted that a workshop was held at 5:30 p.m. for the purpose of discussing text amendments to the
Code Enforcement Ordinance. A second workshop was conducted at 6:30 p.m. to discuss the proposed
name change ofthe Caldwell Industrial Airport.
The Invocation was offered by Earl Lowen of the First Southern Baptist Church. The Mayor asked
everyone 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 Wells.
SPECIAL PRESENTATIONS
The Mayor recognized Mrs. Jackson, American Government teacher from Caldwell High School.
Mrs. Jackson asked her students to stand and introduce themselves.
The Mayor acknowledged four members of the Mayor's Youth Advisory Council (MYAC) who
recently attended the National League of Cities Conference in New Orleans, Lousiana. Jenni Thomas,
Cameron Warren, Jordan Ozuna, and Derek Wood introduced themselves and gave a brief summary of
their trip. They expressed appreciation to the Council for allowing them to attend the Conference.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by adding Items No. 14 and No. 15
to the Consent Calendar with Item No. 14 to read: Approve Resolution authorizing the execution of a
Memorandum of Understanding with Oppenheimer Development for the City Catalyst Redevelopment
Project, and Item No. 15 to read: Approve request from the City Finance Director to transfer funds
from the general fund to the golf fund in the amount of $200,000 to cover cash deficits in the golf fund
for 2007; and under Old Business continue Items No. 1 and No. 2 to the next Regular City Council
Meeting to be held on December 17, 2007 at 7:00 p.m.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
Rudy Rodriguez, 703 E. Ustick presented information concerning his driveway at 703 Ustick Road.
He asked that the Council make a determination to allow the driveway to return to its original width
prior to the current street improvements. He also questioned how his sprinkler system will be replaced
when the new sidewalk is poured. He presented pictures to the Council illustrating his concerns. He
asked that a determination be made by Council to immediately correct this problem.
Phil Valdez, 617 Ustick Road reported that a portion of his driveway was also reduced. He asked for
consideration of having his driveway returned to its original dimensions prior to the construction along
Ustick Road. He also noted that his stormwater drainage is now seeping into his garage due to the
grade of the new construction, which has not been a problem in the past.
The Mayor stated that he would personally visit the sites and work with staff concerning a
recommendation to resolve these issues.
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 Regular City Council meeting held on November 19,
2007 and the Caldwell Golf Board meeting held in October 2007;
2. Approve Order of Decision for Case No. SUB- 139(1)F -06 (Cedar Crossing No. 1 Subdivision);
3. Approve Resolution 197 -07 authorizing the execution of an Administrative Services Agreement
and Benefit Plan with Blue Cross of Idaho for the City of Caldwell employee health care benefits;
4. Approve Resolution 198 -07 accepting easement of sanitary sewer and storm drain lines from
Hawkins Companies LLC for the Cumberland Subdivision;
5. Approve Resolution 199 -07 accepting easement of sanitary sewer and storm drain lines from
Bennett Forrest Industries for the Cumberland Subdivision;
6. Approve Resolution 200 -07 authorizing the execution of a Consent to Use Agreement (Contract
No. 7- 07- 11- L2707) with the Bureau of Reclamation for consent to cross right -of -way easements
for road, water and pressure irrigation facilities in Castle Peak Subdivision;
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7. Approve Resolution 201 -07 authorizing the execution of an Agreement for Engineering Services
(Amendment 17, Addendum 1) with Montgomery Watson Harza at the Wastewater Treatment
Plant for additional services during construction with Phase 4;
8. Approve Resolution 202 -07 authorizing the execution of a Municipal Services Agreement with
Canyon County for connection to City services regarding a new jail facility on the Notus -Parma
Highway;
9. Approve Resolution 203 -07 authorizing the execution of a Reimbursement Agreement with
Powder River, Inc. for costs associated with upgrading the Blackhawk lift station;
10. Approve Resolution 204 -07 authorizing the submittal of an Application for Land for Recreation or
Public Purposes with the Bureau of Land Management for a future City park site;
11. Approve Resolution 205 -07 amending the Caldwell Events Center Policy Manual regarding
Service of Alcohol at Dances and Concerts;
12. Approve request from the Caldwell Planning and Zoning Department for waiver of special use
permit application fees for the joint City of Caldwell/Caldwell School District school/public park
project on Lincoln Road;
13. Approve Pawnbroker's License for Bullet Pawn for the term of December 31, 2007 through
August 7, 2008;
14. Approve Resolution 206 -07 authorizing the execution of a Memorandum of Understanding with
Oppenheimer Development for the City Catalyst Redevelopment Project;
15. Approve request from City Finance Director to transfer funds from the general fund in the amount
of $200,000 to cover cash deficits in the golf fund in 2007.
MOVED by Blacker, SECONDED by Oates to approve the Consent Calendar as amended.
Those voting yes: unanimous.
MOTION CARRIED
OLD BUSINESS:
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 81 -06, A REQUEST BY
THE PLANNING & ZONING DIRECTOR TO REVISE THE CITY OF CALDWELL'S
LANDSCAPING ORDINANCE)
[By previous motion, this item was continued to the next Regular City Council Meeting to be held on
December 17, 2007.]
(CONSIDER BILL NO. 10 (ORDINANCE NO. 2661) FOR CASE NO. OA -81 -06
[LANDSCAPING ORDINANCE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE
FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
[By previous motion, this item was continued to the next Regular City Council Meeting to be held on
December 17, 2007.]
NEW BUSINESS:
(CONSIDER BILL 67 [ORDINANCE NO. 27181 ANNEXING A PORTION OF PROPERTY
INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT FOR ASHTON HILLS
SUBDIVISION PHASES 1 THROUGH 8, BEECHWOOD SUBDIVISION, FAITH LANDING
SUBDIVISION, FALCON RIDGE ESTATES SUBDIVISION PHASES 1 AND 2, GLEN
MEADOW ESTATES SUBDIVISION, HICKMAN SUBDIVISION, MICHALA SUBDIVISION,
SILVERBOW SUBDIVISION PHASES 1 AND 2, WESTON POINTE SUBDIVISION PHASES 1
THROUGH 4,3308 S. KIMBALL AVENUE, AND 1108 PALRANG DRIVE WITH A REQUEST
TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY
FOR PUBLICATION)
Gordon Law, 621 Cleveland Blvd., stated that he was in agreement with the ordinance. He noted that
the request was made by Pioneer Irrigation District.
The Mayor read Bill No. 67 (Ordinance No. 2718) by title only:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF
PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL
IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND
CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER
THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL
WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS
AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
67 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
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MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 67, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL 65 [ORDINANCE NO. 27161 AMENDING THE CALDWELL MUNICIPAL
CODE [CHAPTER 121 REGARDING THE ADOPTION OF THE 2006 INTERNATIONAL
BUILDING CODE, PROVIDING FOR FACSIMILE APPLICATIONS FOR PLUMBING,
ELECTRICAL, AND MECHANICAL PERMITS WITH A REQUEST TO WAIVE THE RULES,
PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
Gordon Law, 621 Cleveland Blvd., presented the staff report. He noted that this ordinance was generally
a housekeeping issue to comply with State Code. The request for applications for plumbing, electrical,
and mechanical permits to be received by facsimile is a new feature, which is requested to assist
contractors in expediting their applications.
In response to questions from Councilman Hopper, Mr. Law stated that he would inquire of the building
official concerning his progress of altering the Building Code about stick - built, four and five story
structures relating to the newly adopted Indian Creek design standards.
The Mayor read Bill No. 65 (Ordinance No. 2716) by title only:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, A
MUNICIPAL CORPORATION, STATE OF IDAHO, BY AMENDING ARTICLES 1, 5, 7, AND 13
OF CHAPTER 12 REGARDING BUILDING REGULATIONS, PLUMBING REGULATIONS,
ELECTRICAL REGULATIONS, MECHANICAL AND FUEL GAS REGULATIONS, AND
FLOOD DAMAGE PREVENTION, SETTING AN EFFECTIVE DATE, PROVIDING FOR
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
65 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, 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. 65, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. AD -09 -07 A REQUEST BY TELEOS
PARTNERS AND WRG DESIGN FOR A MODIFICATION TO THE CONDITIONS OF
APPROVAL FOR CEDAR CROSSING, SPECIFICALLY ITEM NO. 8 UNDER "STREETS ".
THE SITE IS LOCATED EAST OF FLORIDA AVENUE APPROXIMATELY 600 FEET
SOUTH OF KARCHER ROAD)
The Mayor reviewed the quasi - judicial process and declared the public hearing open. The clerk swore in
those who were signed up to speak at any of tonight's public hearings.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report, and
outlined the facts as written. He noted that the preliminary plat was approved in May 2006. The
community center was approved as part of the preliminary plat and is located near Cirrus Drive. The
developer desires to place a driveway on Cirrus Drive to access the community center. Staff does not
object to the request but recommends that a second access point be placed on Moose Horn Way or Cedar
Park Drive as an emergency access and to help relieve turning movements along Cirrus Drive.
Ashley Ford, 1173 E. Winding Creek Drive, Eagle, acknowledged being sworn in and presented a packet
of information, a large exhibit of Cedar Crossing, the Community Center renderings, and the site plan
map, which the Mayor labeled as CC -1000, CC -1001, CC -1002, and CC -1003 respectively. She noted
that they are requesting modification to Item No. 8 within the staff report. She explained that the
developer's original understanding of the condition was to prohibit residential lots taking access from
Cirrus Drive as long as the driveways met ACHD's standards. She noted that the community center's
access would exceed ACHD's standards and would be the only drive off of Cirrus Drive within the
development.
Ms. Ford noted that the adjacent development known as Sienna Hills had the same condition within their
staff report but was allowed one driveway access for their community center. She stated their objection
to Item No. 8.4 within the staff report and asked for its removal.
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Kelly Miller, 18462 Sand Hollow Road, Meridian, acknowledged being swom in. He emphasized that
the community center is a key element within the development. He noted that the project is the first 100
percent Energy Star community development in the City of Caldwell and the largest such development
in the State of Idaho. The community center must face southward to continue their concept of providing
an exceptional amount of available open space and assisting to make it an energy efficient LEEDS
building. Mailboxes will be removed from this location to alleviate potential traffic concerns.
In response to questions from Councilman Hopper, Brian Billingsley reported that when Item No. 8.4
was created, staff was of the understanding that the cluster mailboxes would be placed at the community
center location. Since new information has been presented about the mailbox location, a fire turn-
around has been provided, and a looping driveway is in the community center design, Item No. 8.4 is no
longer necessary.
MOVED by Callsen, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
EVIDENCE LIST FOR CASE NO. AD- 09 -07:
MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign -up sheets, documentation concerning Item
No. 8 located in the Order of Decision, CC -1000 (packet of information presented by Ms. Ford), CC-
1001 (a large exhibit of Cedar Crossing presented by Ms. Ford), CC-1002 (the Community Center
renderings for Cedar Crossing presented by Ms. Ford), and CC- 1003 (the large site plan map of Cedar
Crossing presented by Ms. Ford).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. AD- 09 -07:
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. AD- 09 -07:
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, the evidence list that was presented, and note there
was no objection to the applicant's amendment request and staff is in agreement that Item No. 8.4
within the staff report is unnecessary.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. AD- 09 -07:
MOVED by Oates, SECONDED by Blacker 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: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. AD- 09 -07:
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. AD- 09 -07, a request by Teleos Partners
and WRG Design for a modification to the conditions of approval for Cedar Crossing, specifically
Item No. 8 under "Streets ", is approved with the following conditions as outlined in the staff report
and with Item No. 8.4 not being included within the Conditions of Approval.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no:
none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
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(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUB- 184P -07 A REQUEST BY DONNA
CASKEY; GREGG LOVAN; 10 STREET PARK AVENUE LLC; AND TOOTHMAN - ORTON
ENGINEERING CO. FOR PRELIMINARY PLAT APPROVAL OF 10 AVENUE COTTAGES
SUBDIVISION CONSISTING OF 7 RESIDENTIAL LOTS AND 4 COMMON LOTS IN AN R -1
[SINGLE- FAMILY RESIDENTIAL] ZONE. THE SITE IS LOCATED AT 2223 S. 10
AVENUE)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial map of the
site, and outlined the staff report as written. He reported that the development's density is 2.33 per acre,
the open space is 9.3 percent, and a 20 -foot landscape buffer will be placed along 10"' Avenue. The
Mayor labeled the exhibit as CC -1000.
Troy Behunin of Toothman Orton Engineering, 524 Cleveland Blvd., acknowledged being sworn in and
presented a plat map of the site, which the Mayor labeled as CC -1001. He noted that the project is
considered an in -fill project and will consist of seven residential lots and four common lots. The two
existing homes will remain within the development; however, the stable will be removed. He stated that
the applicant agrees with the conditions stated within the staff report.
Darrin Taylor, 509 South Middleton Road, #105, Middleton, acknowledged being sworn in and stated
that the applicant concurs with the staff report. He noted that he was contracted to construct the CC &Rs
for the development. A neighborhood meeting was conducted on October 17' where fourteen
neighboring residents were in attendance. Items addressed by the neighbors include flooding issues,
additional trees on Lot. No. 9, landscaping maintenance, property management/ownership, perimeter
fencing, and future plans for the two existing homes. The applicant is considering that the project be a
planned senior development.
Mr. Taylor stated that Mrs. Caskey would continue to live in one of the existing homes and the other
residence would be sold after approval of the final plat. Pressurized irrigation would be provided to the
site; however, Item No. 3.32 (page 12 of the staff report) should be modified to state that the south ditch
will be filled in and abandoned, not the east ditch.
In response to questions from Councilman Wells, Mr. Taylor reported Lots 1, 3, 9, and 11 are common
lots and would be owned and maintained by the homeowner's association.
Susan Wildwood, P.O. Box 6502, Boise, acknowledged being sworn in and spoke in opposition to the
development. She noted that the neighbors were desirous of larger, acreage -size lots within the
development; however, they understand that the project complies with City ordinances. She indicated
that the neighbors are in agreement with the perimeter fencing condition, pressurized irrigation (which
addresses the flooding issue), creation of CC &Rs for the site, possible plans and compliance
requirements if the project goes forward as a planned senior development, and maintenance of the
landscaped areas.
Amy Gipson, 2140 North Iris Place, Boise, acknowledged being sworn in and noted that the neighbors
concur with Mrs. Wildwood's remarks. Although they would like to see acreage -size lots, they realize
that the development meets the City's ordinance requirements.
Kathy Gipson, 2211 South 10' Avenue, signed in but indicted that she had not been sworn in. Ms.
Gipson did not speak.
No additional comments were offered by Mr. Taylor.
MOVED by Dakan, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
EVIDENCE LIST FOR CASE NO. SUB- 184P -07:
MOTION CARRIED
The Council President presented the Evidence List: staff report, sign up sheets, CC- 1000 (aerial of the
site presented by Brian Billingsley), and CC- 1001 (large exhibit of the subdivision presented by Troy
Behunin).
MOVED by Oates Wells, SECONDED by Hopper to accept the Evidence List as presented
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB- 184P -07:
MOVED by Oates, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
BOOK 48 PAGE 205
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MOVED by Hopper, 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 presented.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 184P -07:
MOVED by Oates, 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: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB- 184P -07:
MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. SUB- 184P -07, a request by Donna
Caskey; Gregg Lovan; 10"' Street Park Avenue LLC, and Toothman-Orton Engineering Company for
preliminary plat approval of 10"' Avenue Cottages Subdivision consisting of 7 residential lots and 4
common lots in an R -1 (Single - Family Residential) zone, is approved with the conditions listed in
Section 8 of the staff report, and note the correction to the staff report concerning the irrigation ditch
as referenced in testimony by Mr. Taylor.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
The Mayor called a short recess.
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST TO AMEND THE CALDWELL
MUNICIPAL CODE REGARDING THE FIRE PREVENTION CODE INCLUDING
ADOPTION OF THE 2006 INTERNATIONAL FIRE CODE)
Mark Wendelsdorf, 310 South 7 Avenue, presented the staff report and outlined the facts concerning
the proposed text amendments. He noted that the text amendments include the adoption of the 2006
International Fire Code as well as addressing firework requirements. The firework amendments will
assist in making the City Code consistent with other municipality requirements across the valley.
In response to the questions from the Mayor, Mr. Wendelsdorf stated that any building over 5,000 square
feet of fire area would be required to provide a fire sprinkler system — either commercial or residential.
Within single or multi - family duplexes, the text amendment allows for a 13 -D system, which is an
economical, light- weight fire sprinkler system. He noted that staff considers this a life safety issue for
both fire personnel and inhabitants of structures.
In response to questions from Council, Doug Brown, 310 South 7 Avenue, stated that buildings with a
13 -D sprinkler system have not had difficulties concerning the risk for sprinkler system breakage.
Council Blacker asked if incentives could be applied to residential sprinkler system requirements.
Discussion followed concerning the need for potential incentive programs for inclusion of sprinkler
systems within residential structures.
The Mayor noted that the incentive program would be more effective if it was based on large area
developments such as subdivision plats or through CC &Rs, where the entire development would receive
a break if they would require it throughout the entire subdivision.
Councilman Hopper emphasized the fact that the inclusion of residential sprinkler systems is truly a
safety issue that must be promoted.
Mr. Brown reported that Canyon County uses the State Fire Code, which applies to rural areas. The
trigger point in the County is 3,600 square feet for inclusion of sprinkler systems, which is based on the
fact that the rural areas do not have a municipal fire system for protection. The homeowners or builders
in the rural areas may put in a sprinkler system or provide their own water supply. He reported that the
fire department just received additional grant funds to develop an educational program for builders,
developers, and community members informing them concerning the benefit of sprinklers.
Councilman Oates expressed his reluctance in requiring the public to provide residential sprinkler
systems within residences as proposed in the ordinance. He encouraged the creation of an incentive
program to encourage use of sprinkler systems within entire residential subdivisions.
BOOK 48
PAGE 206
Councilman Callsen expressed his support for the residential requirement for personnel safety.
Councilman Oates expressed his concern with Caldwell being the pacesetter for such a requirement
In response to questions from Councilman Oates, Mr. Brown stated that commercial sprinkler systems
for new construction range from $1.50 to $2.00 per square foot. Residential construction would be
slightly higher than this amount.
Dave Nuss, Representative from the National Fire Protection Association (NFPA) , P.O. Box 325, Castle
Rock, Colorado, acknowledged being sworn in and spoke in support of the proposed ordinance. He
noted that their agency develops fire code and standards.
Brett Clark, 621 Cleveland Blvd., spoke in opposition to the request and noted that the ordinance could
create a severe negative impact. He clarified that sprinkler systems would cost approximately $2.20 per
square foot.
Discussion followed among the Council members concerning Caldwell being the pacesetter in
establishing such an ordinance versus alternative incentive programs, which could be created relative to
the residential sprinkler requirements.
Councilman Hopper recommended that staff develop an incentive program rather than enforce a heavy -
hand restriction policy. Such a program could be reviewed after two years concerning its effectiveness.
Councilman Wells suggested that staff network with other local communities concerning a valley -wide
approach to sprinkler standards.
Doug Brown emphasized that sprinkler systems within facilities will pay for themselves within a period
of approximately five years and they make the property much more marketable. He noted that there are
incentive allowances within the fire code that promote the installation of sprinkler systems.
In response to comments from the Mayor, Doug Brown emphasized that the use as well as the size of the
commercial structure is usually the driving force for requiring sprinkler systems. He noted that they
work to encourage the developer to design the sprinkler system to accommodate other potential future
uses.
Councilman Callsen expressed his objection of eliminating the residential sprinkler system portion of the
ordinance.
Mark Hilty suggested that the proposed ordinance be amended to reflect the elimination of referencing
required residential sprinkler systems and be brought back to Council on December 17' for further
action.
MOVED by Oates, SECONDED by Hopper to continue this item until the next Regular City Council
Meeting to be held on December 17' at 7:00 p.m. with instruction to staff to adjust the proposed
ordinance by removing the 5,000 square foot residential requirement with the provision that an
incentive package concerning this issue be formulated and discussed with Council at a later date.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: Callsen.
Absent and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 66 [ORDINANCE NO. 27171 AMENDING THE CALDWELL
MUNICIPAL CODE REGARDING THE FIRE PREVENTION CODE INCLUDING
ADOPTION OF THE 2006 INTERNATIONAL FIRE CODE WITH A REQUEST TO WAIVE
THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
[By previous motion, this item was continued to December 17 at 7:00 p.m.]
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $431,011.98 for the period ending November 30, 2007 and a net payroll in the amount of
$265,006.86 for the pay period ending November 24, 2007.
MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $431,011.98
represented by check numbers 48314 through 48722 and the total payroll in the amount of $265,006.86
represented by check numbers 14205 through 14302 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
MOTION CARRIED
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