HomeMy WebLinkAbout2016-02-16 City Council Minutes Regular Meeting BOOK 57 PAGE 40
SPECIAL MEETING
WORKSHOP
February 16,2016
6:40 P.M.
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING PROPOSED AMENDMENTS TO
THE CALDWELL CITY CODE REGARDING CHAPTER 12 (INTERNATIONAL BUILDING,
INTERNATIONAL RESIDENTIAL AND INTERNATIONAL ENERGY CONSERVATION CODES)AND
PROPOSED BUILDING DEPARTMENT POLICY CHANGE DEALING WITH ELECTRICAL
SUBMITTAL REQUIREMENTS)
Robb MacDonald, 621 Cleveland Blvd., provided the staff report and outlined the contents of the proposed
ordinance and departmental policy.
Councilman Stadick asked if previous construction would be impacted by the proposed ordinance changes. Mr.
MacDonald responded that the ordinance would be effective upon its passage.
The workshop adjourned at 6:49 p.m.
REGULAR MEETING
February 16,2016
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m.and welcomed those in attendance. He reported that a City Council
workshop was held prior to this meeting for the purpose of discussing proposed amendments to the Caldwell City
Code regarding the International Building, International Residential and International Energy Conservation Codes.
Discussion was also held concerning Building Department policy changes. There were no decisions made and it was
for informational purposes only. At 6:15 p.m.a Special Urban Renewal Agency Meeting was held.
Pastor Renee Hardy of the Valley Pentecostal Church provided the invocation. The Mayor led the audience in the
Pledge of Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Callsen, Pollard,
Stadick,Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Employee Retirement presentation: Linda Hieb:
The Mayor acknowledged Linda Hieb and presented her with a plaque and monetary gift commemorating her
employment with the City of Caldwell for 28 years. Ms.Hieb introduced those in attendance from the library
staff and expressed her appreciation for the recognition and support of the community and staff over the years
while employed at the Caldwell Public Library.
B. Audit Reports: City of Caldwell,Urban Renewal Agency,and the Employee Health Benefit Trust
Carol Mitchell, 5012 Roberts Lane,Nampa,introduced herself as the City of Caldwell Deputy Treasurer.
She noted that there would be a presentation from the Audit Committee(Virginia Ponte),Eide Bailly(Jodi
Daughtery)and then she could close with final remarks.
Virginia Ponte of Christensen,Jackson,Stone,Vis 7 Hart,LLC at 1201 S.Kimball spoke in support of the
financial audit. She stated that the committee meets twice each year to review audit preparations and
results. She expressed appreciation to Eide Bailly for the thorough audit procedures which was conducted
and reviewed by the Audit Committee. She noted that the three new staff members within the Accounting
Department have done an exceptional job in preparing for the audit.
Jodi Daughtery, Eide Bailly, 877 W. Main Street, Boise expressed her appreciation to the Finance
Department staff for their preparation and assistance with items for the audit. She outlined the contents of
the Independent Auditor's Report,Schedule of Findings,and Responses for the City of Caldwell. She noted
that they were qualifying their opinion in relation to a post employment retirement plan that the City offers.
A new GASB standard was implemented this year associated to including the City's share of Persi's
unfunded liability with the financial statements. No audit was conducted regarding federal awards this year
because the City did not spend enough to require an audit. This threshold is increasing next year to
$750,000. If the City's federal spending is below this mark,no single audit will be necessary.
The Mayor clarified the Persi liability issue. He noted that any agency or organization associated with the
Persi Retirement System cannot anticipate outcomes since it is dependent on market trade values and
investments. Actuarial statistics are used by Persi for their projected calculations.
BOOK 57 PAGE 41
Carol Mitchell,411 Blaine Street,provided a summary sheet highlighting the three audits conducted for the
City of Caldwell, Urban Renewal Agency, and the Caldwell Employee Health Trust. She outlined the
contents of the City of Caldwell Audit Report.
Mayor Nancolas reported that the financial position of the City has improved this past year in association
with strong budget management skills from within the departments and overview of the budget process by
City Council.
Councilman Stadick expressed his appreciation to Ms. Daughtery from Eide Bailly and City staff being
available to answer questions during the recent Audit Committee Meeting.
MOVED by Pollard, SECONDED by Stadick to approve the audit report as presented for the fiscal year
ending September 30,2015 for the City of Caldwell.
MOTION CARRIED
Carol Mitchell presented that audit report overview for the Urban Renewal Agency for the fiscal year ending
September 30,2015.
Ms. Daughtery from Eide Bailly clarified that the URA funds are blended with the City of Caldwell
financial report inasmuch as the City Council members also serve as the Urban Renewal Agency board.
MOVED by Callsen, SECONDED by Stadick to approve the audit report as conducted by Eide Bailly for
the fiscal year ending September 30,2015 for the Urban Renewal Agency.
MOTION CARRIED
Carol Mitchell presented that audit report overview or the City of Caldwell Employee Benefit Health Trust
for the fiscal year ending September 30,2015.
Ms. Mitchell noted that E1Jay Waite, Caldwell Finance Director, will present additional financial
information at the upcoming City Council Workshop on February 291H
MOVED by Callsen,SECONDED by Pollard to approve the audit report as conducted by Eide Bailly for the
fiscal year ending September 30,2015 for the City of Caldwell Employee Benefit Plan Trust.
MOTION CARRIED
Ms.Mitchell acknowledged her staff for their diligence in preparation of the audit.
C. Update report from the Indian Creek Plaza Committee
Kelli Jenkins, 16091 Orchard Avenue,provided a PowerPoint presentation with updates from the Indian
Creek Plaza Committee. She explained the steps that have been taken within the past 30 days for the
development of the plaza site. She announced that a B.I.D. Open House Workshop will b conducted on
March 16(Wednesday)from 8— 10 a.m. at the Treasure Valley Community College (Caldwell Campus)
Lecture Hall. Community members and the downtown business owners will be invited to attend.
Information will be provided by Kieran Sanders (previously of Downtown Boise); Dan Senftner, Mark
Hilty,and Mayor Nancolas.
Ms.Jenkins outlined the upcoming goals to include setting up a B.I.D.taskforce,the creation of a business
plan, and a pro-forma operating budget. Event lists are being researched and formulated. The IRS
paperwork has been submitted to formulate a 501(c)(3)non-profit organization. Members of the Indian
Creek Plaza Committee have been making presentations to civic clubs and organizations.
The Mayor expressed his appreciation to Ms. Jenkins and the Indian Creek Plaza Committee for their
commitment to this community project.
The Mayor called a short recess at 7:50 p.m. The meeting reconvened at 7:55 p.m.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Ozuna to remove New Business Item 91 per the request of the
applicant.
MOTION CARRIED
AUDIENCE PARTICIPATION
Bobby Eugene Morton, 3501 E. Frontage Road, asked about Consent Calendar Item#13 from the City
Council Meeting held on February 1,2016. The Mayor explained the records destruction procedure to Mr.
Morton.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on February 1, 2016;Indian
Creek Plaza Committee Meeting held on January 26, 2016; the Caldwell Industrial Airport Commission
Meeting held on February 4,2016;the Caldwell Public Library Board Meeting held on January 7,2016;
and the Caldwell Hearing Examiner Meeting held on January 12,2016;
BOOK 57 PAGE 42
2. Approve Resolution No. 31-16 authorizing the execution of the Purchase and Sale Agreement with Gary
and Dana Vance for property known as 104 North 21"Avenue in the amount of$121,400;
3. Approve the Order of Decision for Case No.ZON-15-09(Caldwell Transportation Rezone);
4. Approve request for the destruction of records from the Finance Department,Building Department,Human
Resources Department,the City Clerk,and the Caldwell Public Library;
5. Approve Resolution No.32-16 authorizing the acceptance of a Quitclaim Deed from C.Louise Everton for
the purpose of the future right-of-way development of Ustick Road;
6. Approve Resolution No. 33-16 authorizing the acceptance of a Quitclaim Deed from Montecito Park
Development,LLC for the purpose of future right-of-way development of Aviation Way;
7. Approve Resolution No.34-16 authorizing the acceptance of a Quitclaim Deed from Eric Chaffin for the
purpose of future right-of-way development of Linden Street;
8. Approve Resolution No. 35-16 authorizing the acceptance of a Temporary Construction Easement with
Col-Tan,LLC.,to complete the 21"Avenue Road Widening Project between Indian Creek and Cleveland
Boulevard;
9. Approve Resolution No.36-16 authorizing the execution of a Right-of-Way Contract with Col-Tan,LLC.,
in association with the 21" Avenue Road Widening Project between Indian Creek and Cleveland
Boulevard;
10. Approve Resolution No. 37-16 authorizing the purchase of a rotary mower for the Cemetery Department
from Smiths Lawnmower Sales in the amount of$15,087;
11. Approve Resolution No.38-16 authorizing the Award of Bid for the Local Improvement District(LLD.)
16-2(Miscellaneous Concrete)to A.S.C.in the amount of$73,375;
12. Approve Resolution No.39-16 authorizing the execution of the"PAL Rec Building 2016 Fire Suppression
System Contract"with Delta Fire Systems,Inc.in the amount of$23,292.
MOVED by Pollard,SECONDED by Stadick to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Pollard, Stadick,Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS
(CONTINUED PUBLIC HEARING[QUASI-JUDICIAL] CASE NO.ZON-15-08:A REQUEST BY
SPRING RIDGE ASSISTED LIVING/DALE AMICK TO REZONE APPROXIMATELY 0.48
ACRES, MORE OR LESS, FROM R-1 [LOW DENSITY RESIDENTIAL] TO R-2 [MEDIUM
DENSITY RESIDENTIAL] ZONE. THE SUBJECT PROPERTY IS LOCATED AT 2310 AND
2318 RICE AVENUE IN CALDWELL,IDAHO)
The Mayor explained that the initial public hearing on February 1,2016 was continued to give staff the
opportunity to conduct a site visit regarding the location of sidewalks on the property and come back with a
recommendation. He declared the continued public hearing open noting that a new staff report had been
provided by the Planning&Zoning staff to each of the Council Members.
Jarom Wagoner,621 Cleveland Blvd.,acknowledged being sworn in and concurred that a new staff report
had been provided to the Council Members. He reported that he had visited the site with Robb MacDonald
to analyze the feasibility of sidewalk construction behind the existing curb rather than along the house as
proposed by Mr. Amick. It was determined that there is sufficient room and area to provide for the
construction of the sidewalk at the front of the property rather than along the house. This item has been
included as a condition of approval within the revised staff report.
Dale Amick,2310 Rice Avenue,acknowledged being sworn in and expressed his concerns with placement
of the sidewalk behind the curb. Mr.Amick provided a packet of pictures,which the Mayor labeled as CC-
1001. He noted safety concerns with the placement of the sidewalk next to the street rather than its
placement next to the building.
Discussion followed.
The Mayor explained the L.I.D.program and the intent of it being a voluntary basis with the goal that the
citizens would become involved with the construction of sidewalks.
Councilman Hopper stated his support for the sidewalk being located behind the curb inasmuch as it would
encourage children to seek that hard surface to play on.
Councilman Callsen expressed his support for the sidewalk near the street and emphasized the fact that the
City of Caldwell is required to have ADA access throughout the City.
Mr.Amick stated his support of the sidewalk next to the building which he felt would be a resolve to ADA
regulations. He noted that it would be better to leave the parking as is rather than be relocated. Currently
parallel parking is taking place along the street.
In response to questions from the Mayor,Mr.MacDonald noted that typical driveway entrances would be
required at the three locations. All the entrances would be separated allowing for parallel parking along
the street. Mr.Amick would still be required to comply with the off street spaces on the site as well.
Mr.MacDonald concurred with statements from Mayor Nancolas stating that it is typical for people to walk
behind driveways while walking down a street on the sidewalk.
BOOK 57 PAGE 43
Mr.Amick inquired if he would still be able to place a sidewalk close to the building?
Mr.MacDonald stated that it would be dependent upon the location of the sidewalk. The sidewalk along
the street needs to be five(5)feet in width. The driveway parking stall dimension must be 20 feet. Any
remaining space could be used for sidewalk area near the building.
Councilman Stadick mentioned that he attends Grace Lutheran Church on South Kimball. Many years ago
a sidewalk was installed on the property frontage as a safety factor of the preschool children within the
facility. He stated his support of sidewalks for safety purposes.
MOVED by Hopper,SECONDED by Ozuna to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-15-08:
The Mayor presented the Evidence List: staff report, sign-up sheets, an aerial map of the site, CC-1000
(parking plan by Mr.Amick),amended staff report with new conditions as presented by City staff tonight,
and CC-1001(pictures presented by Mr.Amick).
MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-15-08:
MOVED by Hopper,SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.ZON-15-08:
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 there was
no opposition to the applicant's request.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ZON-15-08:
MOVED by Ozuna,SECONDED by Hopper 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.ZON-15-08:
MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No. ZON-15-08, a request by Spring Ridge Assisted
Living/Dale Amick to rezone approximately 0.48 acres,more or less,from R-1(Low Density Residential)
to R-2(Medium Density Residential)Zone located at 2310 and 2318 Rice Avenue in Caldwell,Idaho,be
approved with the conditions as outlined within the staff report as 9.2—9.6 noting the 9.3 addresses the
construction of the sidewalk.
Roll call vote. Those voting yes: Pollard, Stadick,Ozuna,Hopper,and Callsen. Those voting no:none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Callsen,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
NEW BUSINESS
(PUBLIC HEARING [QUASI-JUDICIAL] CASE NO. SUP-15-18: A REQUEST BY FREEDOM
TITLE LOANS/JOHN KOEHLER FOR A SPECIAL-USE PERMIT TO OPERATE A PAY DAY
LOAN/TITLE LOAN ESTABLISHMENT WITHIN THE C-3[SERVICE COMMERCIAL]ZONE.
THE SUBJECT PROPERTY IS LOCATED AT 2922 E. CLEVELAND BOULEVARD IN
CALDWELL,IDAHO)
This item was removed by a previous motion.
(CONSIDER BILL NO.39[ORDINANCE NO.3025]FOR CASE NO.ZON-15-08[SPRING RIDGE
REZONE]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:
BOOK 57 PAGE 44
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 R-2(MEDIUM DENSITY RESIDENTIAL)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.39
(Ordinance No.3025)on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, 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. 39(Ordinance No. 3025),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper,and Callsen. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER BILL NO. 40 [ORDINANCE NO. 3026] FOR CASE NO. ZON-15-09 (CALDWELL
TRANSPORTATION REZONE)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 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 C-1 (NEIGHBORHOOD COMMERCIAL)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 Callsen,SECONDED by Hopper to waive the three reading process and consider Bill No.40
(Ordinance No.3026)on its first reading by title only.
Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Ozuna,and Hopper. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Hopper to sponsor Bill No.40(Ordinance No.3026),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Ozuna,and Hopper. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of$1,205,890.63 for the period ending February 10, 2016 and net payroll in the amount of
$292,346.92 for pay period ending on January 23,2016.
MOVED by Pollard, SECONDED by Hopper that accounts payable in the amount of $1,205,890.63
represented by check numbers 114407 through 114563 and payroll for the total amount of$292,346.92
represented by check numbers 29611 through 29629 and payroll direct deposits, be accepted, payment
approved,and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Council Member Pollard complimented the organizers on the success of the MYAC fundraiser dinner.
Council Member Callsen reported that he recently transported MYAC students to the Idaho State Capitol
for the students to meet with the legislators. He noted that the students were exceptionally professional
with their presentations.
BOOK 57 PAGE 45
Council Member Ozuna commented on the success of the MYAC dinner. She reported that she attended
the City Appreciation Day service at Centennial Baptist Church on Sunday,February 141H
Council Member Stadick reported that he would be attending the Golf Board Meeting tomorrow morning.
Council Member Hopper complimented Delphia Lloyd,MYAC Chair,for her stage conduct at the MYAC
fundraiser dinner.
(MAYOR'S COMMENTS)
Mayor Nancolas expressed his appreciation to Eide Bailly,the Audit Committee and City staff for the audit
presentation.
The Mayor reported that he recently traveled to Washington, D.C. representing the Idaho COMPASS
organization at a transportation conference.He stated that the new transportation bill which was discussed
at the conference,noting that appropriations for the bill are still under discussion. He also met with the
State of Idaho congressional members while he was there.
The Mayor commended on the success of the MYAC Dinner. Approximately$12,500 was raised to assist
with MYAC projects and conference travel for the students.
The Mayor sang at the Caldwell Library fundraiser event which was held on Friday evening at The Bird
Stop.
The Mayor noted that he will be attending the National League of Cities Conference in Washington,D.C.
on March 7th. Council President Dennis Callsen will be conducting the March 7th City Council Meeting.
pcoming Events.
February 18 Meeting with the Caldwell High School Government Class students. The class will
be held at the Caldwell Police Department Community Room at 4:00 p.m. He
invited the Council Members to attend.
February 18 Business After-Hours Event will be held at Best Bath.
February 25 Leadership Caldwell—CPD Community Room
February 25 State of the City—4:00 p.m.at Jewett Auditorium
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206,SUBSECTION(C) FOR
THE PURPOSE OF DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL
PROPERTY NOT OWNED BY A PUBLIC AGENCY)
MOVED by Hopper,SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection (c) for the purpose of discussing the acquisition of or an interest in real
property not owned by a public agency at 8:45 pm
Roll call vote. Those voting yes: Hopper,Callsen,Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen,SECONDED by Pollard to reconvene into Regular Session.
MOTION CARRIED
The Mayor noted that no decisions were made and the only item discussed was land acquisition.
BOOK 57 PAGE 46
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Ozuna to adjourn at 9:08 p.m.
MOTION CARRIED
APPROVED AS written THIS 7" DAY OF March ,2016.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk