HomeMy WebLinkAbout2011-05-16city council minutes
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REGULAR MEETING
May 16, 2011
7:00 P.M.
The Council President explained that the Mayor was attending a high school ceremony and would be
delayed. He asked everyone to stand 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.
The Mayor arrived and explained that he was detained due to the fact that he was presenting the Mayor’s
Youth Advisory Scholarship in the amount of $1,500 to Sidney Wise from Vallivue High School at an
awards ceremony.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Rance Curtis from Boy Scout Troop #299 presented Mayor Nancolas with the mentor pen. He noted
that he recently was awarded the title of Eagle Scout. Rance expressed his appreciation to Mayor
Nancolas for the support and encouragement he gave to him in the process of achieving this honor.
Mayor Nancolas was presented with the Boy Scouts Mentor Pin.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Council President 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 May 2, 2011; the Caldwell Industrial Airport Commission Meeting held
on May 5, 2011; the Caldwell Employee Benefit Plan Trustee Meeting held on May 2,
2011; the Planning & Zoning Commission Meeting held on April 27, 2011; and the
Caldwell Traffic Commission Meeting held on May 2, 2011;
2.Approve Order of Decision and amended development agreement for Case No.
SUB/PUD-206-11 & APP-09-11 (Canyon Crest);
3.Approve Order of Decision for Case No. SUB-201(1)F-09 (Caldwell Commons
Subdivision No. 1);
4.Approve Resolution No. 61-11 authorizing the execution of Amendment One to the
Agreement with Kimley-Horn and Associates, Inc., regarding the Caldwell Industrial
Airport FY-2011 Improvement Project;
5.Approve proclamation concerning Neurofibromatosis Awareness Month.
MOVED by Callsen, SECONDED by Hopper to approve the Consent Calendar as presented.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS:
None.
NEW BUSINESS:
(CONSIDER RESOLUTION NO. 62-11 AUTHORIZING SIDEWALK REPAIR AND
REPLACEMENT AT 806 FILLMORE DUE TO UNSAFE AND/OR HAZARDOUS
CONDITIONS)
Tim King, 621 Cleveland Blvd., presented the staff report concerning the unsafe sidewalk conditions.
He noted that New Business Items #1 through #4 address hazardous sidewalk conditions along
Fillmore Avenue. He reported that the owner of the property at 824 Fillmore recently signed the
paperwork to enter into a concrete Local Improvement District agreement for the repairs. The
resolutions authorize city staff to move forward with repairs if the property owners do not cooperate.
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Mark Hilty, 1303 12 Avenue Road, addressed questions from Council. He noted that the Caldwell
City Code outlines the procedure addressing the voluntary Local Improvement District (LID) due to
the hazardous sidewalk issues. City staff desires to work with the property owners to correct these
hazardous conditions.
MOVED by Callsen, SECONDED by Hopper to sponsor Resolution No. 62-11.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 63-11 AUTHORIZING SIDEWALK REPAIR AND
REPLACEMENT AT 810 FILLMORE DUE TO UNSAFE AND/OR HAZARDOUS
CONDITIONS)
MOVED by Callsen, SECONDED by Hopper to sponsor Resolution No. 63-11.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 64-11 AUTHORIZING SIDEWALK REPAIR AND
REPLACEMENT AT 812 FILLMORE DUE TO UNSAFE AND/OR HAZARDOUS
CONDITIONS)
MOVED by Callsen, SECONDED by Hopper to sponsor Resolution No. 64-11.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 65-11 AUTHORIZING SIDEWALK REPAIR AND
REPLACEMENT AT 824 FILLMORE DUE TO UNSAFE AND/OR HAZARDOUS
CONDITIONS)
MOVED by Hopper, SECONDED by Callsen to take no action on Resolution No. 65-11 inasmuch as
the property owner has already agreed to participate in a Local Improvement District concerning the
necessary sidewalk improvements.
MOTION CARRIED
(PUBLIC HEARING (LEGISLATIVE): CASE NUMBER OA-141-11 A REQUEST BY THE CITY
OF CALDWELL CONCERNING THE ADOPTION OF THE “FLOOD DAMAGE PREVENTION”
ORDINANCE)
The Mayor declared the public hearing open.
Lee Van de Bogort, 621 Cleveland Blvd, spoke in favor of the request. He reported that it has been a
two year process in formulating the necessary documents to bring compliancy to the FEMA
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for the final adoption of the maps.
requirement process. The deadline is May 24
The Mayor expressed appreciation to Mr. Van de Bogort for his tireless work with the FEMA Agency
throughout the entire process. He noted that FEMA conducted a hydrology study and evaluated the
creek’s flow and drainage system that feeds Indian Creek. Maps were produced based on those
studies.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 16 [ORDINANCE NO. 2875] FOR CASE NO. OA-141-11 [FLOOD
DAMAGE PREVENTION ORDINANCE] 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 OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, ESTABLISHING PURPOSE, AUTHORITY AND OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING APPLICABILITY; REQUIRING PERMITS; PROVIDING FOR
ADMINISTRATION, PERMIT PROCESSING AND THE AUTHORITY OF THE FLOODPLAIN
ADMINISTRATOR; PROVIDING SUBDIVISION, CONSTRUCTION, MANUFACTURED
HOME, ACCESSORY STRUCTURE, RECREATIONAL VEHICLE, AND FLOODWAY
STANDARDS; PROVIDING STANDARDS FOR ZONES WITH AND WITHOUT BASE FLOOD
ELEVATIONS, AND FOR FLOODWAYS; PROVIDING STANDARDS FOR AREAS OF
SHALLOW FLOODING; PROVIDING FOR ALTERATIONS OF A WATERCOURSE;
PROVIDING GUIDANCE CONCERNING WHEN NEW TECHNICAL DATA MUST BE
SUBMITTED TO FEMA; PROVIDING VARIANCE AND APPEAL PROCESSES AND
CRITERIA; PROVIDING THAT A VIOLATION IS A MISDEMEANOR PUNISHABLE BY A
FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR JAIL NOT TO EXCEED ONE
HUNDRED EIGHTY DAYS, OR BOTH; PROVIDING FOR AN EFFECTIVE DATE OF MAY 24,
2011; 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.
16 (Ordinance 2875) on its first reading by title only.
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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. 16 (Ordinance 2875), move for its
passage, and approve the summary for publication.
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
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA-137-11 A REQUEST BY THE
CALDWELL PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE CREATING A
NEW ARTICLE 13 (MIXED USE DISTRICT) IN CHAPTER 10 OF THE CALDWELL ZONING
ORDINANCE, SPECIFICALLY CONCERNING THE CREATION OF THE TRADITIONAL
NEIGHBORHOOD [T-N] ZONE AND THE HIGHWAY CORRIDOR [H-C] ZONE AND ALSO
AMENDING CHAPTER 10, ARTICLE 1, SECTION 3 REGARDING DEFINITIONS OF ZONING
DISTRICTS)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report, outlined the facts as written, and
recommended approve of the accompanying ordinance.
MOVED by Blacker, SECONDED by Sobba to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 5 [ORDINANCE NO. 2864] FOR CASE NO. OA-137-11 (MIXED USE
ORDINANCE) 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 CREATING A NEW ARTICLE 13 (MIXED USE DISTRICTS) IN CHAPTER 10
OF THE CALDWELL ZONING ORDINANCE, SPECIFICALLY CONCERNING THE CREATION
OF THE TRADITIONAL NEIGHBORHOOD (T-N) ZONE AND THE HIGHWAY CORRIDOR (H-
C) ZONE; AMENDING CHAPTER 10, ARTICLE 1, SECTION 3 REGARDING DEFINITIONS OF
ZONING DISTRICTS; 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.
5 (Ordinance 2864) 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. 5 (Ordinance 2864), move for its
passage, and approve the summary for publication.
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
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA-138-11 A REQUEST BY THE
CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND A PORTION OF
CHAPTER 10 REGARDING THE ZONING ORDINANCE)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the proposed
changes. She stated that she had researched the City of Nampa’s policy concerning temporary uses per
direction of the Mayor and City Council. She noted that Nampa requires an application through the
Planning & Zoning Department and a background check only for the applicant. Once the background
check is cleared, the Nampa City Clerk then issues a temporary use license. The process within the
City of Caldwell requires quite a few more steps including a background check for everyone associated
with the temporary use and inspections of the site. This has lead to a decrease in temporary uses
within the City of Caldwell. She noted that some of the Council Members spoke to her about
mirroring Nampa’s ordinance, but she is still seeking comments before the draft ordinance is finalized.
She continued by stating that the administrative permit process is addressed within the proposed
ordinance. Currently, the City of Caldwell does not allow any chickens within the City Limits unless
you have at least one (1) acre of property. The Code allows one chicken per acre. Over the past few
years, the Planning & Zoning Department continues to receive numerous complaints from property
owners who would like to own chickens (not roosters) and have expressed their dissatisfaction when
the Code was explained to them. More recently, there was a seminar held in Boise about the “urban
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chicken” concept. Since that seminar, the calls concerning the allowance of chickens have greatly
increased and questioning why Caldwell is the only city in the Treasure Valley that does not allow
chickens unless you have acreage. The proposed ordinance allows for up to three (3) chickens per
parcel (no roosters) providing that they are confined to the subject property at all times without the
ability to roam outside the subject property boundary, the noise and smell of the chicken waste does
not become a nuisance, and the owner must acquire an administrative permit through the Planning &
Zoning Department.
Mayor Nancolas stated that he has heard several arguments (pro and con) concerning this issue since
he has served on Council for the past 22 years. He suggested that each Council Member read through
the document and contact Anne Marie with any suggestions, questions, or comments.
Lonalee Hoogland, 320 Palo Alto, spoke in favor of allowing chickens within the City Limits. She
stated that due to the economy, raising chickens is necessary. She currently has five chickens within
her back yard. She stated that she personally has observed chickens and ducks throughout the City and
asked if Council would also be regulating pigeons, feral cats, rabbits, and ducks? She requested that
the Administrative Application fee be waived concerning this issue. She displayed a map outlining the
residential area where she lives.
In response to questions from Councilman Sobba, Ms. Hoogland stated that she has never received
complaints from her neighbors. She received a letter from the code enforcement department
concerning the chickens.
Ms. Skinner clarified that City Code only references usual farm animals such as roosters, chickens,
horses, cows, sheep, pigs, and goats. Turkeys are a usual farm animal but peacocks are not.
Karen Nelson, 11659 Quincy Street, spoke in favor of chickens being allowed within the City of
Caldwell. She noted that her daughter was diagnosed with autism. She had not had a friend until she
was registered in 4-H and took on the project of raising a chicken. Having the pet chicken has assisted
with her daughter’s social skills. She recommended a limit of two hens per household within
residential areas.
Susannah Pyle, 1419 North Ohio Avenue, spoke in favor of allowing chicken in City Limits. She
stated that their family has lived in Caldwell three years and have had chickens at their residence. The
chickens were in the chicken coop when it burned down on February 1, 2011. Upon their recovery in
April, another home was found for the chickens. She suggested that there be a limit with the number
of chickens allowed per residence.
Paul Moulfan, 1171 Talon Court, spoke in favor of allowing chickens within City Limits. He
recommended that Council consider a limitation of five (5) chickens per residence and restrict roosters
and slaughtering of the hens at the residential site. Many cities throughout the nation allow chickens.
Tara Hinderliter, 5315 Worth Way, spoke in favor of allowing chickens within City Limits. She stated
that the proposed ordinance is too restrictive and there is a lot of confusion regarding this issue. She
had placed a call to City Hall approximately three (3) years inquiring about chickens and was told that
the only restriction was that there could be no roosters. The City is depriving the children of possible
4-H projects with the enforcement of the current ordinance. She suggested that the City simplify the
process and keep the cost minimal.
Liliana Ponce, Caldwell, spoke in favor of allowing chickens within City Limits. She noted that she is
involved in a 4-H Club and raises chickens for that purpose.
Johanna Ponce, Caldwell, spoke in favor of allowing chickens within City Limits. She explained that
her younger sister and brother are both involved in raising chickens for their 4-H projects. She noted
that the entire family is very conscientious in keeping the chicken cages clean. The neighborhood
children enjoy coming over and being entertained by the chickens.
In response to questions from Councilman Sobba, Johanna expressed that a limit of 10 to 15 chickens
should be allowed per household.
Councilman Hopper stated that he was inclined to allow a limit of five chickens per household. The
ordinance should not exclude other small animals that are allowed in 4-H has show animals as well.
The ordinance should address the necessity to keep the animals from running lose and being a nuisance
to the neighbors.
Councilman Sobba questioned the necessity of the ordinance since the City does not regulate other
small 4-H animals such as rabbits.
Councilman Blacker suggested that a simplified “one page bullet sheet” be created for the public’s
easy reference concerning the ordinance.
The Mayor addressed previous comments concerning feral cats and the difficulty to enforce their
control. This has been an ongoing problem for many years.
Councilman Callsen stated that there should be not a prohibition of such animals if they have a medical
benefit to the owner such as an autistic child.
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MOVED by Hopper, SECONDED by Blacker to continue the public hearing to the Regular City
Council Meeting to be held on June 20, 2011 at 7:00 p.m.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,227,425.63 for the period ending May 11, 2011 and net payroll in the amount of
$264,394.71 for the pay period ended April 24, 2011.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,227,425.63
represented by check numbers 76397 through 76719 and the total payroll in the amount of $264,394.71
represented by check numbers 21614 through 21652 and direct deposits be accepted, payments
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Dakan reported that he had attended the Cinco de Mayo event on Saturday. He noted that
the weather was cold and rainy on Sunday.
(MAYOR’S COMMENTS)
Canyon Springs graduation ceremony will be held on Tuesday, May 17, at The College of Idaho Jewett
Auditorium at 6:00 p.m.
The Caldwell High School graduation ceremony will be held on Wednesday, May 18, at the Idaho
Center at 4:00 p.m.
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Election Day is on May 17. Please vote!
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The Old Guys Basketball game will be played at Middleton High School on May 18 at 7:00 p.m. This
is a fund raiser event for the Mayor’s Youth Advisory Council Scholarship Fund.
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The College of Idaho graduation ceremony will be held on May 21 at 10: 00 A.M.
The City Council Executive Session will be held on Monday, May 23, at noon. This will be held in the
Community Room at Caldwell Police Department.
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The RSVP Dinner for the Caldwell Senior Citizens will be held on May 24 at 5:00 p.m.
City Hall will be closed on Memorial Day.
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The next City Council Budget Workshop will be held on Tuesday, June 21 at 6:00 p.m.
The Association of Idaho Cities Conference will be held in Boise on June 22-24.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION 1 [C]
FOR DISCUSSING DELIBERATION CONCERNING LABOR NEGOTIATIONS)
convene
MOVED by Callsen, SECONDED by Hopper 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 8:38 p.m.
Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. 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 at 9:20 p.m.
MOTION CARRIED
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THIS 6 DAY OF JUNE , 2011.
APPROVED AS written
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk