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HomeMy WebLinkAbout2011-05-02city council minutes 6:00 p.m. (CITY COUNCIL WORKSHOP FOR THE PURPOSE OF A JOINT SESSION WITH MEMBERS OF THE PLANNING & ZONING COMMISSION AND THE HEARING EXAMINER TO CONDUCT A TRAINING SESSION CONCERNING PUBLIC MEETING PROCEDURES AND LAND-USE ISSUES) Council Members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Staff Members in attendance: Anne Marie Skinner and Brian Billingsley. Planning & Zoning Commissioners in attendance: Ed Doty Pomoransky, David Clark, Mike Pollard, Jerome Mapp, Dana Vance, Arvid Salisbury, and Roger Page. Council President Jim Blacker called the meeting to order. (Mayor Nancolas was delayed due to his participation in a legal deposition.) th Mark Hilty, 1303 12 Avenue Road, Nampa, gave a brief overview of the Ex-Parte stipulations and issues regarding conflicts of interest. Jerome Mapp, 1855 Danmore Drive, Boise, presented information concerning public hearings and land-use issues. Mayor Nancolas opened the floor for questions and answers. It was recommended that a follow-up workshop be conducted within three months. No decisions were made or action taken within this workshop. Workshop dismissed at 6:55 p.m. REGULAR MEETING May 2, 2011 7:00 P.M. The Mayor reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of a joint session with members of the Planning & Zoning Commission and the Hearing Examiner. A training session was conducted to discuss land-use procedures and public hearing issues. No decisions were made or action taken within this workshop. The Mayor asked that everyone stand for the invocation offered by Pastor Jim Porter of Caldwell Free Methodist Church and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Item #8 under the Consent Calendar and correcting Item #10 under the Consent Calendar to read: “Approve request to appoint Henry Busse to the Traffic Commission as a member-at-large with the term ending December 31, 2013.” MOTION CARRIED AUDIENCE PARTICIPATION Byron Healy, 16715 Star Road, Nampa, addressed the Council Members concerning his frustration with building/land-use/fire code requirements for establishing a new business within the City of Caldwell. He reported that he desired to open an auction house but was unable to pursue the matter due to the extensive expense to comply with fire sprinkler system upgrades. He stated that he had also approached Planning & Zoning with his desire to conduct a “Park & Sale” business but his request was denied due to existing codes. sprinkler system would be required. She noted that such a requirement would be the same within any other city due to the standards of the International Fire Code. The Mayor clarified that the building and fire codes are adopted by all municipalities. Mr. Healy agreed to provide to Anne Marie Skinner the names of businesses that have relocated to Nampa as referenced in his testimony. The Mayor noted that Anne Marie will research this issue and report back to Mr. Healy and the Mayor with her findings. Shaun Steward, broker with Century 21 Real Estate and Property Management Company addressed the Council Members concerning her frustration with Caldwell’s water billing policy. Ms. Steward expressed her concerns with the City holding the property owners responsible for the payment of past due accounts if they are not paid by the tenant. She noted that this practice has been outlawed in other cities since it is not necessarily the owner’s responsibility to settle the account. She suggested that the deposit policy and the procedure to shut off water to delinquent accounts be reviewed Brent Orton, 621 Cleveland Blvd., explained the history of why the policy was originally put in place due to the excess number of delinquent accounts. The water shut off procedure has now been consolidated to only one shut off date and one billing cycle per month. The Mayor noted that these changes have assisted in placing the burden on the occupant. In response to questions from Councilman Hopper, Mr. Orton stated he is not aware how many times the property owners have been contacted within the year concerning delinquent accounts. He noted that the new shut-off and billing procedure changes have been recently implemented. The Mayor recommended that Ms. Steward make an appointment and discuss these concerns with him. Ms. Steward agreed with this recommendation. The Mayor recognized two students in attendance from the COSSA educational center located in Wilder. 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 City Council Public Workshop and Regular Meeting held on April 18, 2011; the Caldwell Golf Board Meeting held on March 16, 2011; the Caldwell Traffic Commission Meeting held on April 4, 2011; the Planning and Zoning Commission Meetings held on March 29, 2011 and April 12, 2011; the Caldwell Historic Preservation Commission Meetings held on February 28, 2011 and March 28, 2011; the Pathways and Bike Routes Committee Meeting held on February 15, 2011; and the Caldwell Friends of the Depot Meetings held on November 10, 2010 and March 10, 2011; 2.Approve Order of Decision for Case No. SUB/PUD-169E-07 (Lakemont time extension); 3.Approve Order of Decision for Case No. SUB-133E-05 (Fieldcrest Village time extension); 4.Approve Resolution No. 56-11 accepting an Easement from State of Idaho District Health Department #3 for a pressure irrigation main line to Southwest District Health; 5.Approve Resolution No. 57-11 authorizing the execution of an Agreement with Vallivue School District No. 139 for the School Resource Officer Program; 6.Approve Resolution No. 58-11 authorizing excess City-owned equipment from the Street and Cemetery Departments to be declared as surplus property for donation to the Computers for Kids Program; 7.Approve Resolution No. 59-11 authorizing the creation of a new fee at three percent (3%) of transaction of payments made via credit card within Development Services; 8.Approve Resolution authorizing the execution of the Credit Card Agreement with Mercury [REMOVED] Payment Systems to service the receipt of credit cards for customer payments; 9.Approve Resolution No. 60-11 ratifying the purchase of a portable sewer camera for inspecting sewer lines. 10.Approve request to appoint Henry Busse to the Traffic Commission as a member-at-large [AMENDED] with the term ending December 31, 2013; 11.Approve request from the Street Department to transfer Lanier 5025 Copier (Serial #A7309070571) from the Street Department to the Cemetery Department. MOVED by Blacker, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS: (CONSIDER BILL NO. 17 (ORDINANCE NO. 2876) REQUESTING ANNEXATION INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT: SAWGRASS EAST COMMERCIAL SUBDIVISION, SOUTHWEST DISTRICT HEALTH, AND 3011 S. GEORGIA AVENUE WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland Blvd., presented the staff report. He noted that the applicants have met the requirements for annexation into the Caldwell Municipal Irrigation District. The Mayor read the ordinance 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. 17 (Ordinance 2876) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 17 (Ordinance 2876) and move for its passage. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER RESOLUTION NO. 55-11 WIDENING US 20/26 FROM AVIATION WAY TO SMEED PARKWAY TO CITY STANDARDS) Robb MacDonald, 621 Cleveland Blvd, presented the staff report concerning the project. A workshop had previously been held with City Council on April 11, 2011 regarding the proposed widening project. He noted that City Staff recommends the approval of Option #1 and that the preliminary costs associated with this option amounts to approximately $1.9 million. The majority of the work will be done by City forces, including all of the excavation and grading. The paving and concrete curbing would be contracted out. Water would service the median for the purpose of landscaping. No street lights have been included within the budgeted amount although there are existing lights provided by Idaho Transportation Department. Councilman Hopper expressed his desire for trees and a power source to be included in the median since this is a gateway street. Councilman Callsen recommended that possibly lighting for this area could be included within the five year capital improvement plan. In response to questions from Councilman Blacker, Mr. Orton reported that the proposed timeframe under Option #1 will start this fall and conclude with the asphalt work being completed in the spring of 2012. The construction time is slower to allow the use of City staff resources for excavation and grading. Anne Marie Skinner noted that approximately 18 months ago the landscaping ordinance was amended to address portions of development along Highway 20/26 and Highway 55. The new ordinance would apply to this project. As development occurs, the developer would be required to install landscaping, based on the proportionate amount of frontage. Street lights in the median would fall under the same requirement. Councilman Hopper stated that since the capital improvement list was not provided this evening, he was concerned about the impact of this project in connection with other projects on the list. Mr. Orton noted that it has been the intent of the Engineering Department to conduct a transportation fund balance will remain strong and the City will have the capacity to move forward with other projects. In response to questions from Councilman Callsen, Mr. Orton stated that this project is one of the best opportunities to foster economic growth for the City of Caldwell. There have been partners who have actively voiced their support for the project and are working to bring the kind of development to Caldwell that Council has anticipated for quite some time. Craig Eisenberg, 2231 E. Camelback Road, Suite 215, Phoenix, Arizona, spoke in favor of the proposal. He expressed appreciation to the City for taking the initiative in planning for these roadway improvements. The Mayor read Resolution No. 55-11 by title only: BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, to hereby authorize the widening of US Highway 20/26 from Aviation Way to Smeed Parkway, with commensurate tapers, to the standards identified as “Interim” in the US20/26 Corridor Plan and to those standards set forth in Caldwell City Code Chapter 1305; Be it further resolved hereby, that funding for said widening project shall be appropriated in the Street Fund from the balance of said same. MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 55-11 under the guidance of Option #1. MOTION CARRIED (CONSIDER RESOLUTION NO. AUTHORIZING THE INCREASE OF THE STREET DEPARTMENT’S WORKFORCE BY ONE EMPLOYEE) Brent Orton, 621 Cleveland Blvd., presented the staff report. He noted that this position would be shared between the Caldwell Street Department and the Caldwell Industrial Airport. The proposal would be to hire an additional maintenance worker within the Street Department who would be trained on handling large pieces of equipment, thus assisting with maintenance within both departments. Any work done at the airport would reflect on the employee’s time sheet and would be billed accordingly. Councilman Hopper brought up budgetary issues concerning the proposal. He suggested that the issue be delayed until the budget review process has transpired. Councilman Callsen asked how this issue will be dealt with between now and October if the staff position is not approved. Mr. Orton responded that temporary staff could be put in place until the budget process has been reviewed. MOVED by Hopper, SECONDED by Dakan to postpone consideration of this request until the Regular City Council Meeting to be held on July 5, 2011 at 7:00 p.m. MOTION CARRIED PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER SUB/PUD-206-11 & APP-09-11 A REQUEST BY STEINER DEVELOPMENT LLC AND MASON AND STANFIELD INC. FOR THE FOLLOWING: PLANNED UNIT DEVELOPMENT APPROVAL OF AN ASSISTED LIVING FACILITY (THE RETREAT); MAXIMUM OF 15 MULTI-FAMILY BUILDINGS CONTAINING 8 UNITS EACH FOR A TOTAL MAXIMUM OF 120 RESIDENTIAL UNITS (THE VILLAGE) AND A MAXIMUM OF 100 SINGLE-FAMILY RESIDENTIAL LOTS (CANYON CREST SUBDIVISION); PRELIMINARY PLAT APPROVAL OF CANYON CREST SUBDIVISION CONSISTING OF A MAXIMUM OF 100 SINGLE-FAMILY RESIDENTIAL LOTS; AND, AMENDMENT TO AN EXISTING DEVELOPMENT AGREEMENT FOR THE NOW-EXPIRED HAMILTON ESTATES, ALL ON SUBJECT PROPERTY CONSISTING OF APPROXIMATELY 39.5 ACRES AND LOCATED ON THE SOUTHEAST CORNER OF FLORIDA AVENUE AND LASTER STREET. The Mayor gave an explanation of the quasi-judicial process and asked the City Clerk to swear in those who would be providing testimony. The Mayor declared the public hearing continued and open. Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Mayor labeled as CC- 1000. She noted that the owner/applicant/developer and engineer are requesting approval for a planned unit development consisting of approximately 39.50 acres containing an assisted living Scott Stanfield, 826 3 rd Street South, Nampa, acknowledged being sworn in and stated that he concurs with the staff report. He presented The Canyon Crest Concept Map, which the Mayor labeled as CC- 1001 and The Canyon Crest Depiction of The Retreat/The Village, which the Mayor labeled as CC- 1002 and outlined features of the design. He reported that a neighborhood meeting was conducted. In response to comments from Councilman Hopper, Ms. Skinner noted each phase must be completed in its entirety with the occupancy permit being obtained before the developer may move forward with the next phase. In response to questions from Councilman Callsen, Ms. Skinner noted that the Zoning Ordinance has been amended to allow for additional water meters on each condominium unit. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB/PUD-206-11 & APP-09-11: The Council President presented the Evidence List: staff report, sign-up sheets, preliminary plat, and CC-1000 (aerial map of SUB-169E-07 as presented by Anne Marie Skinner), CC-1001 (Canyon Crest Concept Map as presented by Scott Stanfield) and CC-1002 (Canyon Crest Depiction of The Retreat/The Village as presented by Scott Stanfield). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB/PUD-206-11 & APP-09-11: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB/PUD-206-11 & APP-09-11: 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 opposition to the request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB/PUD-206-11 & APP-09-11: 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. SUB/PUD-206-11 & APP-09-11: MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB/PUD-206-11/APP-09-11, a request by Steiner Development LLC and Mason and Stanfield Inc for the following: planned unit development approval of an assisted living facility (The Retreat); maximum of 15 multi-family buildings containing 8 units each for a total maximum of 120 residential units (The Village) and a maximum of 100 single- family residential lots (Canyon Crest Subdivision); preliminary plat approval of Canyon Crest Subdivision consisting of a maximum of 100 single-family residential lots; and, amendment to an existing development agreement for the now-expired Hamilton Estates, all on subject property consisting of approximately 39.5 acres and located on the southeast corner of Florida Avenue and Laster Street, is approved with the conditions as outlined in the staff report. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $839,364.43 for the period ending April 27, 2011 and net payroll in the amount of (COUNCIL COMMENTS) Councilman Dakan reported that he recently attended the Local Legends and noted that good participation and attendance from the community. Councilman Hopper reported on the great response concerning the City-wide clean-up day, which was th held on Saturday, April 30. Councilman Ozuna expressed her excitement to see that Henry Busse will be included on the Traffic Commission. Councilman Blacker reported on the progress of the CEDC Foreign Trade Zone. He noted that Curtis Park is reserved through the month of August. He suggested that the fees be reviewed during the budget process. (MAYOR’S COMMENTS) The Mayor reported that there were several youth who also attended the City’s Clean-up Day on April th 30. Graffiti was painted over at seventeen different sites. He expressed his appreciation for all who participated in this event. He reported that Brian Billingsley organized a clean-up project with the Bike & Pathway Committee along the pedestrian crossing over I-84. Brian will bring forward a request during the budget visioning workshop to complete a small amount of paving on the southwest side of the freeway to connect it th down to 14 Avenue. He attended the Labor Negotiations Institute Seminar regarding contracts. He reported there was a great amount of information received from the training. He reported that a RFQ will be created by the Chief of Police regarding prosecution services. Chief Allgood and Debbie Geyer will work together in publishing this information and making it available to the public. He clarified that the RFQ will be for prosecution services only. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION 1 [C] FOR DISCUSSING DELIBERATION CONCERNING LABOR NEGOTIATIONS AND SUBSECTION 1 [F] FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) convene MOVED by Blacker, SECONDED by Callsen to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1 (c) for discussing deliberation concerning labor negotiations and Subsection 1(f) to discuss pending litigation at 8:42 p.m. Roll call vote: Those voting yes: Blacker, Ozuna Hopper, Callsen, Dakan and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED convene MOVED by Hopper, SECONDED by Blacker to re into Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn 9:55 at p.m. MOTION CARRIED th APPROVED AS written THIS 16 DAY OF MAY , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson