HomeMy WebLinkAbout2010-12-20city council minutesBOOK 51
SPECIAL MEETING
December 20, 2010
6:30 p.m.
PAGE 155
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED
PUBLIC PATHWAY STANDARDS ORDINANCE)
Mayor Nancolas called the meeting to order at 6:30 p.m.
Council Members Present: Blacker, Sobba, Dakan, Callsen, and Hopper.
Brian Billingsley, 621 Cleveland Blvd., presented information concerning the proposed Public Pathway
Standards Ordinance. He noted that the ordinance has been recommended for approval by the Planning &
Zoning Commission and is scheduled to be presented to City Council on January 18, 2011.
Bill Buckendorf, 1805 Dearborn Street, spoke in favor of the ordinance. Mr. Buckendorf noted that he
serves on the Public Pathway Standards Committee.
Mr. Billingsley presented the 2010 Leadership in Motion Award (Leadership by Example /Canyon County)
for the City of Caldwell Pathways and Bike Routes Master Plan awarded by COMPASS.
The workshop dismissed at 6:48 p.m.
REGULAR MEETING
December 20, 2010
7:00 P.M.
The Mayor asked that everyone stand for the invocation offered by Pastor Andrew Stinson of the Oregon
Trail Church of God and remain standing for the Pledge of Allegiance to the Flag lead by Steven Magee of
Troop No. 276.
The Roll of the City Council was called with the following members present: Blacker, Hopper, Callsen,
Dakan, and Sobba.
CONFLICT OF INTEREST DECLARATION
No declarations were made by the Council Members.
SPECIAL PRESENTATIONS
The Mayor introduced Paul Tucker, Scout Master with Troop No. 276. Mr. Tucker acknowledged Mr.
Stephen Magee and Bruce Hendricks, leaders within Troop No. 276. The scouts in attendance stood
and introduced themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Item #18 under the
Consent Calendar per the request of the Public Works Director.
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 Regular City Council Meetings held on December 6,
2010; the Caldwell Industrial Airport Commission Meeting held on December 2, 2010; and the
Caldwell Hearing Examiner Meeting held on November 23, 2010;
2. Approve Order of Decision for Case No. SUB- 181(E) -07 (Monarch Commercial #2 time extension);
3. Approve Resolution No. 160 -10 accepting the project priorities for use in evaluating applications for
federal funding in the 2012 -2016 Transportation Improvement Program;
4. Approve Resolution No. 16 1- 10 authorizing a waiver of electrical permit fees for the Caldwell High
School Welding Shop Project in the amount of approximately $40;
5. Approve Resolution No. 162 -10 authorizing the execution of the Annual Road and Street Financial
Report with the Idaho State Controller (Highway Users Department) for the fiscal year ended
September 30, 2010;
6. Approve Resolution No. 163 -10 authorizing the execution of a Deferral Agreement with Maverik,
Inc. for temporarily deferring the construction of street lights for property frontage located at 4923
Cleveland Boulevard;
7. Approve Resolution No. 164 -10 authorizing the execution of a Deferral Agreement with Maverik,
Inc. for temporarily deferring the participation in a local improvement district for the construction of
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and connection to a regional pressure irrigation system for property located at 4923 Cleveland
Boulevard;
8. Approve Resolution No. 165 -10 authorizing the execution of a Deferral Agreement with BIT
Caldwell, LLC for temporarily deferring the construction of street lights for property frontage
located in Caldwell Commons Subdivision at 5023 Cleveland Boulevard;
9. Approve Resolution No. 166 -10 authorizing the execution of a Deferral Agreement with BIT
Caldwell, LLC for temporarily deferring the participation in a local improvement district for the
construction of and connection to a regional pressure irrigation system for property located in
Caldwell Commons Subdivision at 5023 Cleveland Boulevard;
10. Approve Resolution No. 167 -10 authorizing the execution of the Professional Services Contract
with Sage Community Resources dba IDA -ORE Planning and Development Association for
administrative services associated with the Idaho Community Development Block Grant for the
Senior Citizens Center Upgrade Project;
11. Approve Resolution No. 168 -10 authorizing the execution of the Amended Real Estate Lease
Agreement with the Caldwell Family YMCA;
12. Approve Resolution No. 169 -10 authorizing the execution of the Display Agreement with
Homeland Fireworks in the amount of $20,000 for the July 4, 2011 fireworks display;
13. Approve Resolution No. 170 -10 authorizing the execution the Grant Agreement from the Idaho
Heritage Trust in the amount of $5,000 to help with restoration efforts at the Van Slyke Museum;
14. Approve Resolution No. 171 -10 authorizing the execution of the contract with Eide Bailly (CPAs &
Business Advisors) for the financial audit for the year ended September 30, 2010;
15. Approve Resolution No. 172 -10 authorizing the Award of Bid for seal coat aggregate for use by the
Caldwell Street Department to Lurre' Construction in the amount of $66,000;
16. Approve Resolution No. 173 -10 authorizing the Award of Bid for a hydraulic excavator to the
Burks Tractor in the amount of $135,000;
17. Approve Resolution No. 174 -10 authorizing the Award of Bid for the Chicago Street Washout
Station Proj ect to Hess Construction, Inc. in the amount of $94,119;
18. Approve Resolution ratifying the purchase of areplacement Washer Compactor for the Waste Water
Treatment Plant from Huber Technologies in the amount of $53,804; [REMOVED]
19. Approve request for contingency funds in the amount of $10,296 for matching funds associated with
the National and Community Service (Americorps Vista) grant;
20. Approve request for contingency funds in the amount of $9,000 for support of CCOA — Aging,
Weatherization and Human Service, Inc. senior transportation services;
21. Approve request from the Building Department to destroy temporary records from 2008 -2010.
MOVED by Blacker, SECONDED by Callsen to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Blacker, Hopper, Callsen, Dakan, and Sobba. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS:
(CONTINUED FROM DECEMBER 6, 2010: PROTEST HEARING TO CONSIDER THE
ACCEPTANCE OF THE ASSESSMENT ROLL PREPARED IN CONNECTION WITH
LOCAL IMPROVEMENT DISTRICT [LID] NO. 08 -1 FOR WATER AND SEWER
CONNECTION FEES)
MOVED by Hopper, SECONDED by Blacker to continue this item to the Regular City Council Meeting
to be held on January 18, 2011 at 7:00 p.m. per the request of the Public Works Director.
MOTION CARRIED
(CONSIDER BILL NO. 41 [ORDINANCE NO. 28561 IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT [LID] NO. 08 -1 FOR WATER AND SEWER CONNECTION
FEES WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST
READING)
This companion document was also continued to the Regular City Council Meeting to be held on
January 18, 2011 at 7:00 p.m.
(SECOND READING OF BILL 38, ORDINANCE 2853 REGARDING THE ADOPTION OF
THE 2009 INTERNATIONAL FIRE CODE AND SPECIFIED APPENDICES)
The Mayor read the ordinance by title only:
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT NO. 08 -1 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE
NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF
PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH;
PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID
DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND
THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL
IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE
ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF
SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF
THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL;
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RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION,
PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD
THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT
DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to let this stand as the second reading of Bill No. 38
(Ordinance 2853) and schedule the third and final reading for January 4, 2011.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
NEW BUSINESS:
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 185 -10 [HERITAGE CHARTER
ANNEXATION] A REQUEST BY PHILIP AND MARY ELDREDGE TRUST, CALDWELL
SCHOOL DEVELOPMENT LLC AND SILVERPEAK ENGINEERING FOR ANNEXATION
OF APPROXIMATELY 10.583 ACRES INTO THE CITY OF CALDWELL WITH AN R -3
HIGH DENSITY RESIDENTIAL ZONING DESIGNATION LOCATED ON THE NORTH SIDE
OF USTICK ROAD APPROXIMATELY 782 FEET WEST OF THE INTERSECTION OF
USTICK ROAD AND INDIANA AVENUE)
The Mayor explained the quasi - judicial process and asked those who would be giving testimony to
stand and be sworn in by the City Clerk.
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and
outlined the facts as written. She presented an aerial of the site, which the Mayor labeled as CC -1000.
Tyler Bodrero, 177 E. Antelope Drive, acknowledged being sworn in and spoke in favor of the
annexation.
Lon McRae, 10430 Randall Lane, acknowledged being sworn in and signed in favor of the annexation.
Joyce Griffith, 3775 S. Montana Avenue, acknowledged being sworn in and signed in favor of the
annexation.
Holle McRae, 10430 Randall Lane, acknowledged being sworn in and signed in favor of the
annexation.
Nichole Andrews, 21747 Tucker Road, Greenleaf, acknowledged being sworn in and signed in favor of
the annexation.
Kyle Andrews, 21747 Tucker Road, Greenleaf, acknowledged being sworn in and signed in favor of
the annexation.
Jeffrey Jensen, 415 Chapparro Place, acknowledged being sworn in and spoke in favor of the
annexation.
In response to questions from Councilman Callsen, Ms. Skinner noted that Ustick Road will be
developed with arterial roadway widths in conjunction with this development. The Quit Claim deed
has already been prepared for this portion of the right -of -way.
In response to questions from Councilman Hopper, Ms. Skinner stated that the applicant has the option
to put in curb /gutter /sidewalk at the time of construction (the City would later return to the site to create
the City's portion of the enhanced pathway) or the applicant can defer their construction until the City
completes their portion of the enhanced pathway.
In response to comments from Councilman Blacker, Ms. Skinner noted that the applicant's traffic plan
meets the City's traffic flow requirements. A traffic impact study was not required.
Brent Orton, 621 Cleveland Blvd., addressed concerns regarding traffic stacking at Ustick and Indiana
He noted that afuture round -a -bout has been proposed at the intersection of Indiana and Ustick.
Mayor Nancolas explained that the long -range traffic plan has identified this particular intersection for
improvements, whether through a round -a -bout design or signaled traffic light in the future.
Mr. Orton stated that City staff desires to keep Ustick flowing as a primary roadway, thus avoiding the
use of four -way stops until a signalized control or round -a -bout is generated.
In rebuttal, Mr. Brodrero gave details concerning their proposed traffic design, which addresses the
flow of traffic along Indiana and Ustick Road. Mr. Brodrero praised the City staff members for their
professionalism and assistance with this project.
MOVED by Blacker, SECONDED by Callsen to close the public testimony portion of the hearing.
MOTION CARRIED
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EVIDENCE LIST FOR CASE NO. ANN- 185 -10:
The Mayor presented the Evidence List: staff report, sign -up sheets, site plan, 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. ANN- 185 -10:
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under Roman Numeral V.
MOTION CARRIED
101► 111 1►[ f LIKE 01N[011W64,KOKW.9D1►[!=I 1U►araa U,
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 that
there was no testimony in opposition to this request.
MOTION CARRIED
MOVED by Hopper, 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.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 185 -10:
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. ANN- 185 -10, a request by Philip and Mary
Eldredge Trust, Caldwell School Development LLC and Silverpeak Engineering for annexation of
10.583 acres into the City of Caldwell with an R -3 High Density Residential zoning designation,
located on the north side of Ustick Road approximately 782 feet west of the intersection of Ustick
Road and Indiana Avenue, is approved with the conditions as specified and outlined in the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CONCERNING ORDINANCE NO. 2852 PROPOSING
TEXT AMENDMENTS WITHIN CHAPTERS 2 AND 12 OF THE CALDWELL CITY CODE
CITY CODE. SUCH AMENDMENTS CREATE A NEW ARTICLE 19 TO CHAPTER 12
ESTABLISHING A BUILDING APPEALS BOARD, DELETE AND AMEND SECTIONS FROM
ARTICLE 15 OF CHAPTER 2 RELATING TO APPEALS FROM DECISIONS OF THE
BUILDING OFFICIAL, AND AMEND THE EXISTING ARTICLES 1 AND 13 OF CHAPTER
12 BY ADOPTING, WITH AMENDMENTS, PARTS OR ALL OF THE 2009 INTERNATIONAL
RESIDENTIAL CODE AND INTERNATIONAL ENERGY CONSERVATION CODE, THE
2009 INTERNATIONAL BUILDING CODE, THE 2009 INTERNATIONAL MECHANICAL
CODE, AND THE 2009 INTERNATIONAL FUEL GAS CODE)
Brent Orton, 621 Cleveland Blvd, presented the staff report and outlined the contents of the ordinance.
Discussion followed concerning the Board of Appeals process as noted in the proposed ordinance.
The Mayor clarified that the Board of Appeals would hear testimony concerning the misapplication or
misinterpretation of the Code, but would not overturn the Code. This would not be applicable to specific
requirements that come out of land -use decisions directed by City Council or the Planning & Zoning
Commission.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 37, ORDINANCE NO. 2852 WITH THE 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 ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING A NEW
ARTICLE 19 TO CHAPTER 12 OF THE CALDWELL CITY CODE, COMPOSED OF SECTIONS
12 -19 -01 THROUGH 12- 19 -13, INCLUSIVE, PROVIDING THE MECHANISM AND
PROCEDURE FOR APPEALS OF DECISIONS OF PERSONS IN THE BUILDING
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DEPARTMENT AND OF THE BUILDING OFFICIAL; DELETING CHAPTER 2, ARTICLE 15,
SECTION 02- 15 -07, IN ITS ENTIRETY; RENUMBERING CHAPTER 2, ARTICLE 15, SECTION
02 -15 -09 TO BECOME CHAPTER 2, ARTICLE 15, SECTION 02- 15 -07, AND DELETING
UNNECESSARY LANGUAGE FOUND THEREIN; AMENDING CHAPTER 12, ARTICLE 1,
SECTION 12- 01 -01, TO REFERENCE THE 2009 INTERNATIONAL BUILDING, RESIDENTIAL
AND ENERGY CONSERVATION CODES; FINDING THAT GOOD CAUSE EXISTS FOR
AMENDING THE INTERNATIONAL BUILDING AND RESIDENTIAL CODES AND THAT
SUCH AMENDMENTS ARE REASONABLY NECESSARY; AMENDING CHAPTER 12,
ARTICLE 1, SECTION 12- 01 -21, RELATING TO AMENDMENTS TO THE ADOPTED
INTERNATIONAL BUILDING AND RESIDENTIAL CODES; AMENDING CHAPTER 12,
ARTICLE 14, SECTION 12- 13 -01, TO REFERENCE THE 2009 INTERNATIONAL
MECHANICAL AND FUEL GAS CODES; 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 Blacker to waive the three reading process and consider Bill No.
37 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 37, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. 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 $1,063,107.74 for the period ending December 15, 2010 and payroll in the amount of
$279,112.48 for the pay period ended December 4, 2010.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,063,107.74
represented by check numbers 72948 through 73513 and the total payroll in the amount of $278,121.48
represented by check numbers 20679 through 20718 and direct deposits be accepted, payment
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
All the Council Members wished everyone a Merry Christmas.
Councilman Callsen asked Mr. Paul Tucker to give an update on the military involvement on his four
sons who were all Eagle Scouts from Troop No. 276. Mr. Tucker complied with this request.
Councilman Hopper extended gratitude to the Council Members for their support during his recent
accident/recovery period.
(MAYOR'S COMMENTS)
Upcoming City Council Meetings will be held on Tuesday, January 4, 2011 and Tuesday, January 18,
2011 due to holidays that are in conflict with the usual City Council dates.
The State of City address will be held on Tuesday, January 11, 2011 at 4:00 p.m. in the Jewett
Auditorium located on The College of Idaho campus. Refreshments will be served following the
Address in the Jewett Auditorium foyer. He noted that all the refreshments have been funded by
private donations from local businesses.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (C)
FOR THE PURPOSE OF DISCUSSING AN INTEREST IN REAL PROPERTY NOT OWNED BY
A PUBLIC AGENCY AND SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING
LITIGATION.
MOVED by Hopper, SECONDED by Blacker to convene into Executive Session at 7:55 p.m.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Blacker, SECONDED by Callsen to re- convene into Regular Session.
MOTION CARRIED
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(ADJOURNMENT)
MOVED by Blacker, SECONDED by Callsen to adjourn at 8:07 p.m.
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MOTION CARRIED
APPROVED AS written THIS 4 DAY OF JANUARY
2011.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
Clerk