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HomeMy WebLinkAbout2010-11-15city council minutesBOOK 51 SPECIAL MEETING WORKSHOP NOVEMBER 15, 2010 6:30 P.M. PAGE 143 (PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE CITY EMPLOYEES HEALTH AND WELLNESS INCENTIVE PROGRAM) Council Members present: Mayor Nancolas, Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Staff Members in attendance: Monica Jones (Human Resource Director), Nate Marshall of Morton and Company, and E1Jay Waite (Finance Director). The Mayor called the workshop to order. Monica Jones presented information concerning the proposed Employee Health and Wellness Incentive Program. She noted the three goals of the program include: Preventative Health Care, Fitness, and Education. The kick -off of this program is scheduled at the Employee Christmas Gathering scheduled on December 9"' Discussion followed concerning the details of the program and how the incentive portion of the program would be implemented. Council Members recommended that the Human Resources Director prepare a resolution outlining the Employee Health and Wellness Incentive Program for the next Regular City Council Meeting to be held on December 6, 2010. It was suggested that a separate document be prepared for each employee outlining the "healthy" range information to be discussed with their physician. The workshop was dismissed at 6:45 p.m. No decisions were made or action taken REGULAR MEETING November 15, 2010 7:00 P.M. The Mayor stated that a public workshop was conducted at 6:00 p.m. for the purpose of discussing the City of Caldwell Employee Health and Wellness Incentive Program. No action was taken or decisions made. A resolution will be presented to City Council at their next meeting outlining the the program. The Mayor asked that everyone stand 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. CONFLICT OF INTEREST DECLARATION No declarations were made by the Council Members. SPECIAL PRESENTATIONS Adele Adams, 621 Cleveland Blvd., reported that the Building Safety Professionals of Southwest Idaho held a scholarship essay contest. The contest promoted the submittal of essays concerning the importance of building codes in light of the recent tragedy that occurred in Haiti this past year. She presented the scholarship award of $300 to Enoch Guzman who is currently enrolled in the College of Western Idaho. He is pursuing a degree in the field of engineering. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Callsen to amend the agenda by correcting Item #2 under the Consent Calendar to read "part" not "port'; adding Item #14 under the Consent Calendar to read: "Approve request to waive the penalties for LID 92 -1 and LID 94 -4 associated with property located at 301 Fillmore Street conditional upon the sale of the parcel."; and amend the Executive Session under New Business to read: "Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection (c) for the purpose of discussing interest in real property not owned by a public agency and Subsection (f) for the purpose of discussing pending litigation." MOVED by Oates, SECONDED by Blacker to approve the agenda as amended. MOTION CARRIED AUDIENCE PARTICIPATION None. PAGE 144 BOOK 51 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 Meetings held on November 1, 2010; the Friends of the Caldwell Depot Meetings held on August 12, 2010 and October 15, 2010; the Employee Benefit Plan Trustee Meeting held on October 25, 2010; and the Caldwell Traffic Commission Meeting held on November 1, 2010; 2. Approve Resolution No. 142 -10 accepting the Easement from Gerald Bauman for the purpose of constructing a biking/walking pathway across a part of Gerald Bauman's property; [CORRECTED] 3. Approve Resolution No. 143 -10 accepting the Easement for a domestic water line from The Feller Family Trust across a portion of their parcel for future development; 4. Approve Resolution No. 144 -10 authorizing the execution of the Environmental Covenant with the Idaho Department of Environmental Quality concerning property located at 110 South 5"' Avenue; 5. Approve Resolution No. 145 -10 authorizing the execution of the Real Estate Agreement with the Caldwell Family YMCA for the City Recreation Room; 6. Approve Resolution No. 146 -10 authorizing the execution of the Fiscal Year 2011 Animal Control Agreement with Canyon County in the amount of $80,000; 7. Approve the appointment of Roger Page to the Planning & Zoning Commission as an alternate member for a three -year term beginning January 1, 2011 and ending December 31, 2013; 8. Approve the appointment of Dana Vance as a regular member of the Caldwell Planning & Zoning Commission for her first regular three -year term beginning January 1, 2011 and ending December 31, 2013; 9. Approve the appointment of Ed Doty- Pomoransky as a regular member of the Caldwell Planning & Zoning Commission for his first regular three -year term beginning January 1, 2011 and ending December 31, 2013; 10. Approve the appointment of Theresa Hardin from the Caldwell Chamber of Commerce to the Caldwell East Urban Renewal Agency for a two (2) year term ending January 1, 2013; 11. Approve Resolution of Intention No. 147 -10 for the formation of Local Improvement District (LLD.) No. 10 -2 and set the Protest Hearing date for December 6, 2010; 12. Approve Resolution of Intention No. 148 -10 for the formation of Local Improvement District (LLD.) No. 10 -3 and set the Protest Hearing date for December 6, 2010; 13. Accept the Assessment Roll for Local Improvement District No. 08 -1 (Connection Fee L.I.D.) and set the public hearing date for December 6, 2010. 14. Approve request to waive the penalties for LID 92 -1 and LID 94 -4 associated with property located at 301 Fillmore Street conditional upon the sale of the parcel. [ADDED] MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as printed. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED OLD BUSINESS: None. NEW BUSINESS: (PUBLIC HEARING: CONSIDER THE APPLICATION FOR AN IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT IN THE APPROXIMATE AMOUNT OF $500,000 FOR STREETSCAPE IMPROVEMENTS WITHIN DOWNTOWN CALDWELL) The Mayor declared the public hearing open. Pat Engel, Sage Community Resources, 125 E. 50"' Street, Garden City, spoke in favor of the application. Ms. Engel explained the project entitled as the "7 Street Pedestrian Connection — A Downtown Revitalization Project." Ms. Engel noted that: • The project area is along 7 Avenue & Main Street. • The project has close to 1500 LF of sidewalk, but over one -half of that is either cracked or has dangerous holes. • This project will construct the following along one block of 7 Avenue (Main to Arthur) and along one block of Main Street (7"' to 6� ): 0 830 LF of new curb, gutter, and sidewalk in the "Old Town District." 0 10 new ADA accessible corners. 0 24 decorative light poles. • The application will be submitted to the Idaho Department of Commerce on November 19, 2010. The Mayor noted that no others signed to speak to this issue. He expressed appreciation to Ms. Engel and City staff members who have assisted in gathering information and completing the application process. BOOK 51 MOVED by Hopper, SECONDED by Oates to close the public hearing. PAGE 145 MOTION CARRED (PUBLIC HEARING (QUASI - JUDICIAL): CASE NO. DAN - 184 -10 (BRESHEARS DE- ANNEXATION) A REQUEST BY MICHAEL BRESHEARS AND ANGELA COLEMAN TO DE -ANNEX FROM THE CITY OF CALDWELL 2.56 ACRES ADDRESSED AS 2511 DORMAN AVENUE AND LOCATED AT THE SOUTHEAST CORNER OF DORMAN AVENUE AND LINDEN STREET) The Mayor explained the quasi - judicial process. The City Clerk swore in those who would be giving public testimony at this public hearing. The Mayor declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report as written. She presented an aerial map of the area, which the Mayor labeled as CC -1000. She noted that the property is zoned as R -1. The subject property was annexed into the City of Caldwell in 2007 by the previous property owner, Sallie Palleria Bradshaw. No City services (water or sewer) are provided to the site. Ms. Skinner continued by stating that the property is now owned by Michael Breshears and Angela Coleman. The parcel consists of 2.56 acres. The owner would like the property to revert back to Canyon County zoning to allow for rural/agricultural uses. Ms. Skinner reported that the subject property has four outstanding building permits that were issued by Canyon County to the former owner, which were never finalized. To finalize those permits within the City, it would require the current owner going back through the entire application process — new application, new fees, new building plans, etc. However, the County would allow the owners to continue the building permit process where it was previously discontinued. She noted that this information was gained from the building plans examiner by way of a verbal comment. Michael Breshears, 2511 Dorman Avenue, spoke in favor of the request. He stated that they are desirous of completing unfinished construction on the site. One building has already been removed from the parcel which was built without obtaining the proper building permits. The property is self - sufficient with no City services to the parcel. The neighbor has requested to rent the parcel's pasture area for four horses. They are not able to accommodate this request due to the provision within the City ordinances dealing with farm animals. He reported that the surrounding properties are zoned within Canyon County. In response to questions from Councilman Hopper, Mr. Breshears noted that the building permits within the County were never finalized. He stated that he could go to Canyon County and take up where the previous owner left off with the building permit process or start completely over with the City of Caldwell. Mr. Breshears continued by stating that it was his understanding that the property was annexed due to an inoperable well on the site. He reported that the well and septic tank were thoroughly inspected before they moved into the home and everything checked out fine. Councilman Oates inquired of the City Attorney if Mr. Breshears has recourse against the bank who sold him the property. Mark Hilty stated that the property could have been sold without such warranties since it was in the state of foreclosure at the time of purchase. Councilman Oates asked that if fraudulent statements were given on a land -use application, does the City have recourse against the applicant after- the -fact. In response, Mr. Hilty responded that if fraudulent statements pertain to an annexation request, the most obvious recourse would be to de -annex the property. However, there would be a question if the City suffered due to the misrepresentations on the application. In response to questions from Councilman Callsen, Mr. Breshears noted that the parcel is less than five acres in size. In response to questions from Councilman Hopper, Mr. Breshears stated that he was aware that the parcel was in the City at the time of purchase and that no City services were provided to the site. The explanation given for the annexation request was that the previous owner thought that the well was going dry. Mr. Breshears reported that he paid Anderson Well Company $500 prior to the purchase to inspect the condition of the well, which was determined to be functional. He noted that his desire is to bring the parcel back to its original state as a horse property. It seems more feasible for it to be in the county since it is surrounded by other county properties and no City services have been brought to the site. He stated that he is not aware of anything the City did wrong in annexing the property, even though he is not aware of the true reason that it was annexed. The Mayor clarified that it was a voluntary annexation by the previous property owner and therefore was not a City - initiated action. PAGE 146 BOOK 51 In response to questions from Councilman Callsen, Mr. Breshears stated that if the property was de- annexed, it would allow the neighbor to bring four horses into the back lot. They want to continue the use of the parcel for horses. Anne Marie Skinner clarified that one farm animal is allowed per acre within the City Limits. The Breshears would be therefore allowed two horses on site with the current acreage. In the County, they would be allowed four horses on site. Mr. Hilty clarified that when a property is annexed into the City, the property then becomes subject to the existing regulations of the City at that time. Only properties that were already in the City when a regulation change is made would be eligible for different density requirements. In response to questions from Councilman Callsen, Mr. Hilty stated that properties cannot be adjoined under the City Code for purpose of greater acreage allowance for more animals on the parcel. Richard Renstrom, 2821 Dorman Avenue, acknowledged being sworn in and spoke as neutral to the matter. He stated his concern about the parcel's fence on the corner of Linden and Dorman Avenue being a traffic hazard. He asked that a condition be included to alter the fencing if the de- annexation request is approved. In rebuttal, Mr. Breshears stated that the fence is a three -rail structure and three and one -half feet in height. He was not aware of it being a vision hazard. He would possibly be willing to move it back, since it currently needs to be repaired. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. DAN - 184 -10: The Mayor presented the Evidence List: staff report, sign -up sheets, and CC -1000 (aerial map of the site presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. DAN - 184 -10: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under Item No. 2.7. MOTION CARRIED 1010,111iffie f e)0KEfllIM004AX.. : MOVED by Hopper, SECONDED by Callsen 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 that the applicant was aware that the subject property was located in the City Limits and seeks to de -annex for the purpose of reverting the property to a more county - oriented use. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. DAN - 184 -10: MOVED by Oates, SECONDED by Callsen 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. MOTION CARRIED ORDER OF DECISION ON CASE NO. DAN - 184 -10: Councilman Hopper stated his reluctance with the request to de -annex the parcel. He outlined his concerns: 1) This parcel is in an area very close to other City entities. 2) At the time of the original annexation, there was concern expressed about emergency service response time to this site. There is still confusion within this area for emergency services since there is a mixed amount of City /County zoning. De- annexing the parcel would not rectify this situation. 3) Although there is sympathy given to the desires of the applicant, eventually more and more properties will be annexed into the City within the surrounding area. 4) City services to the parcel such as garbage service should be researched by Engineering Department staff to see if it can be provided to the site. 5) The vision triangle issue at the corner should be able to be corrected with assistance from the homeowner. MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. DAN - 184 -10, a request by Michael Breshears and Angela Coleman to de -annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman Avenue and located at the southeast corner of Dorman Avenue and Linden Street, is denied. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: Sobba. Absent and /or not voting: none. MOTION CARRIED Councilman Oates added that Council would consider a request in the future from the applicant for some type of assistance (perhaps a waiver on some of the building permit fees) since it appears that the BOOK 51 PAGE 147 Breshears have inherited many of the complications with the completion of building projects associated with this particular parcel. MOVED by Oates, SECONDED by Blacker to close the public hearing. (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,175,799.27 for the period ending November 10, 2010 and payroll in the amount of $288,918.49 for the pay period ended November 6, 2010. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,175,799.27 represented by check numbers 72368 through 72737 and the total payroll in the amount of $288,918.49 represented by check numbers 20541 through 20628 and direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper reported that the recent Smart Growth events in Downtown Caldwell were well attended. He attended a meeting today concerning the Downtown Boise development process and several complementary remarks were made about the development progress in Downtown Caldwell. Councilman Blacker commented that the Caldwell Housing Authority is in the process of creating a second non - profit entity. Rental requests have increased recently in connection with the temporary reduction of the rental fee at the Caldwell Train Depot. He encouraged everyone to attend the Winter Wonderland event scheduled for Friday, November 19, 2010. (MAYOR'S COMMENTS) The Mayor reported that the family currently renting the Cemetery House have fallen behind with their rental payments. The couple has worked out a repayment schedule with E1Jay Waite to bring the delinquent amount of approximately $2,000 into current status within the next few months and to keep current on future rental payments. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING INTEREST IN REAL PROPERTY NOT OWNED BY A PUBLIC AGENCY AND SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection (c) for the purpose of discussing interest in real property not owned by a public agency and Subsection (f) for the purpose of discussing pending litigation at 7:55 p.m. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into Regular Session. (ADJOURNMENT) MOVED by Blacker, SECONDED by Oates to adjourn at 8:47 p.m. MOTION CARRIED MOTION CARRIED APPROVED AS written THIS 6' DAY OF DECEMBER 2010. Councilperson Councilperson Councilperson ATTEST: Citv Clerk Mayor Councilperson Councilperson Councilperson