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HomeMy WebLinkAbout2017-03-06 City Council Minutes BOOK 58 PAGE 31 REGULAR MEETING March 6,2017 7:00 P.M. City Council President Dennis Callsen opened the meeting at 7:00 p.m. and welcomed those in attendance. Pastor Jim Porter of the Caldwell Flat Free Methodist Church provided the invocation. Carter Melander of Boy Scout Troop No.4230 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,Allgood,Ozuna,and Hopper.Absent: Mayor Nancolas. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Caldwell Hi Yh School Government Class: Cheryl Adams teacher of the American Government Class at Caldwell High School was acknowledged by the Council President. All the students in attendance stood and introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION Rex Burch, 18423 Avalon Place (Blackhawk Subdivision), spoke concerning code violations by Corey Barton Homes (CBH) leaving debris in the public right-of-way and the improper use of the storm water drainage system. He reported that the violations are not being enforced by City staff. Contact has been made with the Caldwell Engineering Department on numerous occasions. Robb MacDonald reported that he has spoken with Mr. Loosli several times concerning the stated code violations associated with construction in the Blackhawk Subdivision. Verbal warnings were issued from the Engineering Department and the Building Department to Corey Barton Homes. The company has removed materials which were being stock piled in the street and public right-of-way. Since some violations are still outstanding, an official notice in writing was issued last Wednesday to the developer. City code indicates that if the violation is not brought into compliance,the City may mitigate the problem and assess the costs to the developer. If no change is noticed within the next few days, the City will move forward with mitigation measures. Mitigation includes complete removal of the dirt within the right-of-way and pumping of a sand/grease trap,as needed. Mr. Burch reported that verbal warnings were issued at the beginning of February and a written notice was not issued until approximately three weeks later. The problem is still evident with sidewalks and streets being blocked and the dumping of concrete wherever they want. There is no designated concrete wash-out area. The company has been working to clean the sidewalks and streets;however,they are not doing an adequate job. Contact was made with the developer about cleaning out the sand/grease traps but they declined the request to address the matter. Mr. Burch questioned why the developer is allowed to continue these practices. Mr. Hilty reported that he had instructed staff that persons making threats of litigation were to communicate directly through his office. Staff has been instructed to follow the typical process concerning mitigation. Those wanting to address issues dealing with liability or responsibility of the City were instructed to speak directly with the City Attorney. No contact has been made by concerned citizens with his office. In response to questions from Councilman Stadick, Mr. MacDonald reported that generally a notice provides a reasonable amount of time up to one week to correct the problem. If no progress is made by that time,the City would begin the process of mitigation. In response to questions from Councilman Allgood,Mr. Burch stated that CBH contracts with numerous sub-contractors. There is a supervisor that is responsible for the project. Mr.MacDonald reported that all communication has been directed to Corey Barton. In response to questions from Councilman Pollard, Mr. MacDonald stated that Street Department crews would be mobilized to the site and should be able to complete the clean-up within a few days. If the contractor does not respond,action would be taken by the City as soon as possible. BOOK 58 PAGE 32 Mr. Burch reported that he had looked at approximately 13 subdivisions where construction is ongoing by CBH. Only two of the sites had washouts for concrete and one of them was full of trash. He emphasized that Corey Barton Homes has a track record of no concrete washout areas at the construction sites and procedure violations. Council President Callsen assured Mr. Burch that Mr. MacDonald is working to resolve this matter. If resolution is not brought to this matter,he recommended that Mr. Burch contact Mr. MacDonald or Mr. Hilty directly. Councilman Hopper recommended that City staff research other CBH building sites for additional violations. Mr. Burch noted that a list of other construction sites where the violations are occurring could be provided to City staff. Brent Orton, 621 Cleveland Blvd.,reported that City staff is charged with alerting Engineering staff with any possibly construction or storm water violations. Citizen concerns are also acted upon by City staff. Jeffery Fillmore,28114 Harvester Avenue,spoke in support of the request. He stated that he has pictures of various violations from other CBH building sites. He expressed concern regarding the amount of debris direct impacting the storm drainage system which is not being addressed by Corey Barton Homes. Brent Loosli, 18368 Harvester Avenue, stated that he serves as the homeowner's association president at Blackhawk Subdivision. He reported that this issue has been reported to City staff numerous times over the years. When construction originally began in the subdivision, a proper concrete wash was provided by the company. CBH is no longer following proper drainage procedures. CBH has refused to pay for the pump out of the sand/grease traps, therefore; the homeowners are being assessed for that expense. Pictures have been taken of these violations. He emphasized that no action has been taken in the past by City staff to address these issues. Council President Callsen recommended that City Staff continue to resolve this matter. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Joint Workshop with Caldwell Urban Renewal Agency and the Caldwell City Council Meeting held on February 13, 2017; the Regularly Scheduled City Council Meeting held on February 21, 2017; the Special City Council Meeting held on February 24, 2017;the Mayor's Youth Advisory Council Meeting held on February 1, 2017; the Caldwell Golf Board Meeting held on November 16, 2016; and the Caldwell Senior Center Board Meeting held on February 13, 2017; 2. Approve the Order of Decision for Case No. SUB-I7F-01 (Pennsylvania Park Subdivision No. 1); 3. Approve Resolution No. 41-17 authorizing the use of City funds by the Recreation Department for installation of epoxy sealing products, including a moisture mitigating primer, in the amount of$24,926.62 for the concrete floors in the Municipal Pool Building located at 512 Harrison Street; 4. Approve Resolution No. 42-17 accepting the Caldwell Industrial Airport Master Plan(FAA AIP No. 3-16-0045-019/021) updated November 20, 2016 and referenced as AIP 028 Project; 5. Approve Resolution No. 43-17 accepting the Dedication of sewer, water, and storm water facilities from Vintage Lionwood LLC in the Cirrus Pointe Subdivision No. 4; 6. Approve Resolution No. 44-17 authorizing the use of budgeted funds for the purchase of a Jacobsen Turf Cat 4 Mower in the amount of 519,920 for use by the Parks Department; 7. Approve Resolution No. 45-17 authorizing the use of budgeted funds for the purchase of a Walker 25HP Kohler EFI Mower in the amount of $11,283.65 for use by the Parks Department; 8. Approve Resolution No. 46-17 authorizing a contract with Randy Riles for Gopher removal at the Caldwell Industrial Airport. 9. Approve Resolution No. 47-17 authorizing a memorandum of understanding with Canyon County for connecting fiber from the Caldwell Industrial Airport through existing County owned fiber through Canyon County Courthouse to the Caldwell Police Station. 10. Approve the appointment of Adam Garcia to the Caldwell Housing Authority Board for a term to expire December 31, 2019; 11. Approve Resolution No. 48-17 authorizing the declaration of surplus equipment from the Waste Water Treatment Plant. MOVED by Pollard, SECONDED by Ozuna to approve the Consent Calendar as printed. Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED BOOK 58 PAGE 33 OLD BUSINESS None. NEW BUSINESS (CASE NUMBER APP-17-01: A REQUEST BY CANYON COUNTY AND PAUL NAVARRO TO AMEND CONDITION OF APPROVAL 8.21 OF CASE FILE SUP-237-05 [CANYON COUNTY WORK RELEASE SUP AMENDMENT] WHICH WOULD CONTINUE TO ALLOW THE USE OF THE BUILDING TO BE EITHER A WORK RELEASE INMATE CENTER OR A MINIMUM CUSTODY JAIL FACILITY. THE APPLICANT IS ALSO REQUESTING TO BRING THE FACILITY UP TO COMPLIANCE WITH ALL STATE AND CITY CODES AND INSTALL ADDITIONAL FENCING FORTIFICATIONS. THE SUBJECT PROPERTY IS LOCATED AT 1214 E.CHICAGO STREET IN CALDWELL,IDAHO. MOVED by Hopper, SECONDED by Stadick to continue the public hearing for APP-17-01 to the next Regularly Scheduled City Council Meeting to be held on March 20,2017 at 7:00 p.m. as requested by the applicant and City staff. MOTION CARRIED (CONSIDER BILL NO. 6 (ORDINANCE NO. 3087) TO ANNEX CIRRUS POINTE SUBDIVISION NO. 4 INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland Blvd.,provided the staff report. He noted that the annexation is a request by the subdivision developer. In response to questions from Councilman Stadick,Mr. Orton reported that the subdivision is located on Karcher Road south of Indiana. The Council President read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 17-1 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES AND DECORATIVE SIDEWALK IMPROVEMENTS; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. MOVED by Pollard, SECONDED by Hopper to waive the three reading process and consider Bill No. 06 (Ordinance No.3087)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard, SECONDED by Hopper to sponsor Bill No. 06 (Ordinance No. 3087) and move for its passage by title only. Roll call vote: Those voting yes:Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. 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 $1,713,744.12 for the period ending February 22, 2017 and net payroll in the amount of $299,115.39 for pay period ending on February 18,2017. MOVED by Allgood, SECONDED by Hopper that accounts payable in the amount of $1,713,744.12 represented by check numbers 121872 through 122141 and payroll in the amount of $299,115.39 represented by check numbers 31038 through 31059 and direct deposits,be accepted,payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard reported that he will provide a tour of the train depot tomorrow to thirty cub scouts. Councilman Stadick provided a construction update concerning the Caldwell Veterans Memorial Hall. (MAYOR'S COMMENTS) None. BOOK 58 PAGE 34 (ADJOURNMENT) MOVED by Hopper, SECONDED by Pollard to adjourn at 7:30 p.m. MOTION CARRIED APPROVED AS written THIS 201x' DAY OF March —2017. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk