HomeMy WebLinkAbout2013-10-07city council minutes
7:00 P.M.
The Mayor called the meeting to order at 7:00 p.m. He asked those in attendance to stand for the invocation lead
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by Reverend Jim Berglund from the 7 Day Adventist Church and remain standing for the Pledge of Allegiance
to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna
Hopper, Callsen, Pollard, and Biggers.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Caldwell High School American Government Class:
A.
The Mayor recognized Ms. Adams, American Government teacher from Caldwell High School. She
asked each of the students to stand and introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Blacker to continue Item #2 under New Business to the next
Regularly Scheduled City Council Meeting to be held on October 21, 2013 at 7:00 p.m.
MOTION CARRIED
MOVED by Callsen, SECONDED by Blacker to approve the agenda as amended.
MOTION CARRIED
ENCE PARTICIPATION
AUDI
None.
CONSENT CALENDAR:
1.Approve acceptance of the minutes of the Caldwell City Council Meetings held on September 3, 2013
and September 16, 2013; the Caldwell Planning & Zoning Commission Meeting held on August 13,
2013; the Caldwell Historic Preservation Commission Meetings held on May 13, 2013 and August 26,
2013; the Caldwell Housing Authority Meeting held on August 19, 2013; the Youth Mater Plan
Committee Meeting held on August 27, 2013; the Senior Center Board Meeting held on September 9,
2013; and the Caldwell Traffic Commission Meeting held on September 3, 2013;
2.Approve Resolution No. 113-13 authorizing the execution of a Cooperative Agreement with the Idaho
Transportation Department for ADA improvements in multiple locations;
3.Approve Resolution No. 114-13 accepting the Quitclaim Deed with the Caldwell School District No.
132 for right-of-way along Linden Road;
4.Approves Resolution No. 115-13 authorizing the execution of an Acceptance of Agreement with
Concrete Construction Concepts, Inc. for the construction of sidewalk and pedestrian crossing at and
near Wilson School along Linden Street frontage in the amount of $24,799.75;
5.Approve Resolution No. 116-13 accepting the Assessment Roll in connection with Local Improvement
District No. 10-3 and setting the public hearing date for November 4, 2013 at the Regularly Scheduled
City Council Meeting to be held at 7:00 p.m.
6.Approve Resolution No. 117-13 ratifying the Notice of Award to Post Well Drilling, Inc., for the
drilling, construction, and development of a Municipal Irrigation Water Supply Well at Rotary Pond in
the amount of $99,566 and execute the contract with Post Well Drilling, Inc.;
7.Approve Resolution No. 118-13 ratifying the Agreement for Services with Treasure Valley Clean
Cities Coalition (TVCCC) for an award of grant funds under the U.S. DOE Clean Cities program;
8.Approve Resolution No. 119-13 authorizing the execution of the Real Estate Lease with the Caldwell
Family YMCA for a room within the facility known as the City of Caldwell Recreation Department
Classroom;
9.Approve Resolution No. 120-13 authorizing the execution of a Memorandum of Understanding with
The IRS Volunteer Income Tax Assistance Program (VITA) for use of the Caldwell Train Depot for a
community tax assistance service program in 2014;
10.
Field House on February 1-2, 2014 for a Super Bowl Party Fundraiser event;
11.ry records from 2010 and 2011;
12.Approve the appointment of Haley Hilton, Stephen Harris, Emily Hatch, Cameron Gabiola-Weitz,
Kelli Warwick, Casey Bauden, Jose Cordova, Henry Fox, Jacob Nava, Keitlain Safford, Kevin
Biggers, Sam Biviuke, Marissa Nestor, Henry Miller, Brandon Hill, Emma Campbell, Anastasia
Korableva, Lauren Dyness (alternate), Taylor Watkins (alternate), Gabby Herring (alternate), and
OLD BUSINESS:
(CONTINUED PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. SUB-04(P)-13 / ZON-88-13 A
REQUEST BY COREY BARTON, TRILOGY DEVELOPMENT, AND SCOTT NORIYUKI FOR
A REZONE OF APPROXIMATELY 17.10 ACRES FROM R-1 LOW DENSITY RESIDENTIAL
TO R-2 MEDIUM DENSITY RESIDENTIAL AND PRELIMINARY PLAT APPROVAL OF
ASPENS SUBDIVISION NO. 5 LOCATED AT THE NORTHWEST CORNER OF HOMEDALE
ROAD AND FLORIDA AVENUE)
The Mayor re-opened the public hearing explaining that it had been continued from September 16, 2013
with the public testimony portion remaining open.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in at the previous hearing. He noted
that the three continued cases (Aspens Subdivision, Quail Ridge Subdivision, and the Weston Pointe
Subdivision) are owned by Corey Barton Development. The City Attorney and staff have met and
discussed a course of action with a recommendation that Council move forward and vote tonight on the
Findings of Fact, Conclusions of Law, Comprehensive Plan Analysis, and the Order of Decision for all
three cases. A draft development agreement has been prepared for all three subdivisions and the Hearing
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Examiner will hold a public hearing concerning those agreements on October 8, 2013. On October 21,
the development agreements will be heard before City Council. At that time the Order of Decision could
be finalized along with the Ordinance and Summary for Publication.
In response to questions from Mayor Nancolas regarding the weed issues on the parcels that were discussed
at the previous hearing, Mr. Billingsley reported the all weed issues have been resolved.
included within the forthcoming development agreements.
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Mark Hilty, 1303 12 Avenue Road, Nampa, stated that public hearings are required for development
agreements by the Hearing Examiner and City Council. The final ruling is the adoption of the written
Order of Decision.
Councilman Hopper inquired if discussion had been held with Engineering Department staff and the
developer concerning a potential round-about at the corner of Homedale and Florida.
Mr. Orton reported that Engineering Department staff had researched the possibility of a round-about at
that location and determined that there was not enough right-of-way to accommodate the request. There
were obstacles on the same side of the street that would make it less feasible to obtain additional right-of-
way for the round-about.
Councilman Hopper recommended that further research be conducted regarding the matter.
Mr. Orton stated that Engineering Department staff will research this item in depth with the possibility of
the intersection being shifted to the south.
In response to questions from Councilman Pollard, Mr. Orton stated that safety services should not have a
problem with the chokers since there will be a 20-foot clearance space between the obstacles.
Councilman Hopper expressed his concern with approving the Order of Decision without having the
opportunity to first review the development agreements.
Discussion followed.
The Mayor noted that the development agreement is generally included within the Evidence List. He
recommended that the public hearing be continued to the next City Council Meeting.
MOVED by Hopper, SECONDED by Pollard to continue the public hearings for Aspens Subdivision,
Quail Ridge Subdivision, and Weston Point Subdivision to the next Regularly Scheduled City Council
Meeting to be held on October 21, 2013 at 7:00 p.m. with the provision that the public testimony remain
open and the proposed development agreements be discussed at that time.
MOTION CARRIED
(CONTINUED PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. SUB-05(P)-13 / ZON-89-13 A
REQUEST BY COREY BARTON, TRILOGY DEVELOPMENT, AND SCOTT NORIYUKI FOR
A REZONE OF APPROXIMATELY 19.42 ACRES FROM R-1 LOW DENSITY RESIDENTIAL
TO R-2 MEDIUM DENSITY RESIDENTIAL AND PRELIMINARY PLAT APPROVAL OF
QUAIL RIDGE SUBDIVISION PHASE 2 LOCATED APPROXIMATELY 577 FEET NORTH OF
A REZONE FROM R-1 LOW DENSITY RESIDENTIAL TO R-2 MEDIUM DENSITY
RESIDENTIAL AND PRELIMINARY PLAT APPROVAL OF WESTON POINTE SUBDIVISION
NO. 5 CONSISTING OF APPROXIMATELY 17.10 ACRES LOCATED APPROXIMATELY 801
FEET NORTH OF HOMEDALE ROAD AND APPROXIMATELY 1761 FEET EAST OF LAKE
AVENUE)
By previous motion, this item was continued to the next Regularly Scheduled City Council Meeting to be
held on October 21, 2013 at 7:00 p.m.
NEW BUSINESS:
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The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS
SHOULD BE REZONED TO THE M-1 (LIGHT INDUSTRIAL) ZONE; DETERMINING THAT SAID
CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR
TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH.
MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill No. 20
(Ordinance No. 2941) on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 20 (Ordinance No. 2941), move for its
passage, and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
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By previous motion (at the request of the applicant), this item was continued to the next Regularly
Scheduled City Council Meeting to be held on October 21, 2013 at 7:00 p.m.
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The Mayor explained the Public Hearing process concerning legislative issues.
Jarom Wagner, 621 Cleveland Blvd., outlined the staff report as written. He noted that the proposed
ordinance addresses the requirement of a special use permit for pawn shops within the C-2 zoning district
and for it to be removed from the Mixed Use and City Center zoning districts. The ordinance prohibits bars
to be placed on the windows within the C-2 Zone. BMX and dirt-bike tracks would not be permitted as an
accessory use in any residential or mixed use zoning district. Commercial and industrial preliminary plats
would be allowed up to three time extensions at the discretion of the City Council.
Mr. Wagner continued that the last item speaks to payday loan/title loan/quick loan establishments being
permitted uses within the M-1 Light Industrial Zone and the I-P Industrial Park Districts. This amendment
would not affect existing payday loan establishments. Existing payday businesses would be considered
before the Planning & Zoning Commission in August, they recommend making payday loans a permitted
use within C-2 Community Commercial and C-3 Service Commercial Zoning Districts. He noted that the
various options for Council to consider are outlined within the staff report.
approximately 350 signatures. Upon review of the petitions, 325 signatures were verified as Caldwell
residents, which he labeled as CC-1001. He explained that seventeen postcards were also received by the
City Clerk with only three of them coming from Caldwell residents. He noted that the petitions and the
post cards are from individuals in support of the ordinance change to place payday loan businesses within
an industrial zoning district. He labeled the post cards as CC-1002.
The Mayor noted that since the ordinance deals with four areas, he asked that those providing testimony
indicate which areas they are addressing.
Ayde Saavedra, saavedraayde@gmail.com (no street address was given), spoke in favor of the ordinance
limiting predatory lending in Caldwell.
Krista Sebart, 887 Strike, Kuna, spoke in favor of the ordinance limiting payday loan operations in
Caldwell. She noted that her friend, Loretta Green, had cancer and obtained a payday loan to purchase
prescription medication. The loan was finally cancelled upon her death.
Linda Matejka, 3004 College Avenue, spoke in favor of the ordinance. She expressed her concern with the
high interest rates and the fact that such loan companies prey on the working poor.
Katherine McNeary, 1511 Missoula Way, spoke in favor of the ordinance. She explained that they
personally had a title loan and the company repossessed the vehicle. She is in support of limiting payday
loan operations in Caldwell.
In response to questions from Councilman Biggers, she reported that it was their sole vehicle at the time.
Gordon Counsil, 5015 E. Ustick, spoke in favor of the entire ordinance including the limitation of payday
loan operations within Caldwell. He noted that the Idaho Community Action Network informed him of the
concerns with payday loans and he conducted additional research concerning their business practices and
the affect that such companies have on the local economy.
Jesse Garcia, III, 15056 Karcher Road, Caldwell, spoke in favor of the ordinance by limiting payday loans
within Caldwell. He noted that his mother-in-law and son were personally affected by the negative aspects
of obtaining a payday loan.
Christina McNeal, 6315 W. Post Street, Boise, spoke in favor of the ordinance. She reported that she is a
realtor within the State of Idaho. The payday loans with extremely high interest rates affect the local
economy.
Terry Sterling and Mary Jane Sterling of the Community Action Network, 2998 Triumph Lane Culdesac,
Caldwell, spoke in support of the proposed ordinance. She provided stories of local residents who were not
able to attend concerning the negative outcomes of payday loans.
Pedro Somiga, 606 Elgin Street, Caldwell, spoke in favor of the ordinance limiting payday loan operations
within Caldwell. He expressed that regulating the operations would be helpful to many citizens.
Panina Romero, 2525 Hillcrest Lane, signed up in support of the proposed ordinance but chose not to
speak.
The Mayor clarified that all the testimony expressed support to the payday portion of the ordinance with the
exception of Mr. Counsil who stated his agreement with all portions of the ordinance.
John Diaz, 830 Arthur, Caldwell, spoke against the proposed ordinance. He reported that he is the owner
of Convenient Loan Company located in Caldwell, which has been a viable business operation in the City
for 20 years. He expressed his concern why this one industry was selected to be placed in an Industrial
Zone. He is in support of the option for a special use permit requirement for payday loan operations within
commercial zones. He stated his disagreement with previous testimony indicating that the money loaned to
residents does not return to the local economy. They have serviced approximately 11,000 customers over
the years and currently they have 1,100 customers with loans. They employ approximately 50 staff
members. He suggested that Council limit the number of companies able to establish such a business
within the City based on per capita calculations. There is current litigation in the State of Texas and the
City of Chicago due to their efforts to limit the payday businesses in designated zoning districts similar to
the current proposal. He suggested that viable solutions be sought.
Mayor Nancolas responded concerning the implication of legal action due to the proposed action of City
Council. There is no state or federal law in violation with Council considering a zone change. Council is
not mandating any closure or limitation of business within the City. Council is considering a balance of
available options to help the community grow in a very methodic manner.
In response to questions from the Mayor, Mr. Diaz clarified how a loan account is closed out. Only two
In response to questions from Councilman Blacker, Mr. Diaz responded that most of their loans are
signature based with an average interest rate of 36 percent.
Maria Trujilla, 1802 Midland Blvd., spoke in opposition to the request noting that she agreed with
comments from Mr. Diaz.
In response to questions from Councilman Biggers, Ms. Trujilla stated that she is an employee of
Convenient Loan.
A short recess was called at 8:30 p.m. The Mayor reconvened the meeting at 8:35 p.m.
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Julie Monroe, 24 Street, Fruitland, spoke in opposition to the request noting that she agreed with
comments from Mr. Diaz.
Billie Kay and Taune Cobrain signed in opposition to the request but chose not to speak.
Mike Ellis, 509 North Center Street, Parma spoke in opposition to the proposed ordinance request. He
stated that he has used the service of title and payday loans in the past without any repayment
complications.
Chris Tubs, 1520 Broadway, Kuna, spoke in opposition to the proposed ordinance request noting his
agreement with comments from John Diaz.
Arlene Miller, P.O. Box 692, Parma, spoke in opposition to the proposed ordinance request. She stated that
she has used the services from Convenient Loan and had no issues with their business procedures. She
expressed that she is not in favor of payday companies taking advantage of local citizens.
In response to questions from the Mayor, she stated that Convenient Loan is different from the typical
payday
Dana Vance, 103 North Indiana, spoke in opposition of having payday loans in the M-1 zone. The payday
businesses should be allowed in C-2 and C-3 zones. She emphasized that the problem should be corrected
by legislative action limiting interest rates, not through local zoning determinations.
Discussion was held concerning the fact that it appears that the Convenient Loan Company does not qualify
under the same definition payday companies as outlined in the ordinance.
In response to questions from Councilman Hopper, the Mayor noted that special use permits are currently
reviewed by the Planning & Zoning Commission as delegated by Council. Any change to this action could
be stipulated by Council in order for them to hear specific special use permit requests and all others would
continue to be heard by the Planning & Zoning Commission.
Councilman Hopper expressed his concern that such a mechanism needs to be put in place which can limit
the quantity of such businesses within Caldwell.
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Mark Hilty, 1303 12 Avenue Road, stated that the special use permit is a land use process and the tools
available to the City in that process deal with the compatibility of the land use. More research is needed as
to how to how far the conditions of approval can go to address specific business practices/operations.
In response to questions from the Mayor, Mr. Hilty stated that the ordinance must be revised and brought
back for future action if all items are not approved as outlined within the ordinance.
Discussion was held concerning the definition used within the ordinance outlining the qualifications of
be reviewed. Mr. Wagoner reported that the definition was provided by the U.S. Census Bureau under
business classifications.
Billie Kay, 1803 Chicago, yielded to a question and reported that the payday loan definition is defined
within the Idaho Code under Section 28-46-101. Concerned citizens should contact their legislators for
regulation of extreme interest rates associated with payday loans.
John Diaz, 820 Arthur, yielded to a question and stated that their financial contracts must be reported to the
credit bureau where payday loan companies do not report such operations. In response to questions from
Councilman Biggers, Mr. Diaz stated that the interest rates vary since it is also based on the dollar amount
requested. He indicated that the company is not a franchise but rather is owned by an individual who also
owns 300 additional stores nationwide.
In response to questions from Councilman Blacker, Mr. Diaz stated that the average length of a loan is 12
months and the highest interest rate is 96 percent.
It was recommended by the City Attorney that this item be deferred for action by Council until the next
City Council Meeting to be held on October 21, 2013 at 7:00 p.m. He noted that the ordinances could be
separated with the three non-controversial measures being brought back in a separate ordinance from the
at the next City Council Meeting.
The Mayor outlined that more discussion should be held concerning the payday loan/title loan/quick loan
business definition; more discussion should be held concerning the potential of a special use permit
requirement within certain zones; and more discussion should be held concerning the perimeters of the
special use permit and if those hearings could come before City Council rather than the Planning & Zoning
Commission.
The Mayor agreed that a separate ordinance should be presented to Council solely addressing the payday
loan issues from the another ordinance addressing the three housekeeping issues. Council will review the
payday loan ordinance and determine if the issue needs further public workshops or additional research
until all questions are answered.
(FINANCE AND HUMAN RESOURCE REPORTS
)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount
of $1,589,113.38 for the period ending September 27, 2013and net payroll in the amount of $267,572.17 for the
pay period ending September 7, 2013 and a net payroll of $224,362.21 for the pay period ended September 21,
2013.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,589,113.38
represented by check numbers 96733 through 97175 and the total payroll in the amount of $491,934.38
represented by check numbers25821 through 25892 payroll direct deposits be accepted, payment approved, and
vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
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Councilman Hopper reminded everyone to attend the 100 birthday celebration of the Carnegie Library on
Thursday, October 10, 2013 at 6:30 p.m. He also noted that he will be addressing students from The College of
Idaho Human Geography Class at the Caldwell Train Depot at 9:00 a.m. on Thursday morning.
The Mayor reported that he had a very productive meeting with representatives of the VFW, American Legion,
and Disabled American Veterans (DAV) concerning potential use of the Carnegie Library Building as a joint
efforts to address the ADA compliance issues. A Memorandum of Understanding is being drafted for
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presentation to City Council on November 4. Such a use and partnership would keep the building in use and
as an icon within the community.
The Mayor reported that a potential company seeking to open an indoor firing range in the Sky Ranch area has
presented a non-binding letter of intent for CounThis proposal has been discussed with Urban
Renewal and the Caldwell Economic Development Council. If this is successful, they would conduct training
for various law enforcement groups. The draft letter was distributed and the Mayor asked that feedback be
given to him concerning it contents.
(ADJOURNMENT)
MOVED by Callsen, SECONDED by Pollard to adjourn at 9:30 p.m.
MOTION CARRIED
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APPROVED AS written THIS 21 DAY OF October , 2013.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson