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HomeMy WebLinkAbout2017-04-17 City Council Minutes BOOK 58 PAGE 49 SPECIAL MEETING April 17,2017 6:00 P.M. WORKSHOP FOR THE PURPOSE OF DISCUSSING PROPOSED ORDINANCE AMENDMENT TO CHAPTER 7, ARTICLE 11 (07-11-07) REGARDING CODE ENFORCEMENT PROCEDURES AND PRESENTATION FROM THE CALDWELL HOUSING AUTHORITY REGARDING AFFORDABLE HOUSING IN CALDWELL. The Mayor opened the meeting and welcomed those in attendance. The Roll of the City Council was called by the City Clerk with the following members present: Callsen,Pollard, Stadick,Allgood,Ozuna,and Hopper. Proposed Ordinance Amendment- Chapter 7,Article 11 (07-11-07)Regarding Code Enforcement Procedures: Katie Phillips, Code Enforcement Coordinator at 621 Cleveland Boulevard, reported on the need to add the words `or any authorized designee' to the Code Enforcement procedure section on nuisance abatement. Katie reviewed the complaint process and gave examples of situations where amending the language would clarify responsibilities and authority of contractors working with the City. Aaron Seable, City Attorney at 1303 12"' Avenue Road, Nampa, spoke in favor of the ordinance amendment and clarified the need for the requested change. Discussion followed. Presentation from the Caldwell Housing Authority Regarding Affordahle Housing in Caldwell: Mike Dittenber, Caldwell Housing Authority at 22730 Farmway Road, provided a Power Point presentation regarding the current housing shortage for owner-occupied and rental housing within the City of Caldwell. He recommended that consideration be given to establishing a Housing Only Urban Renewal Agency,and targeting the downtown area(between downtown core area and the interstate)as having the greatest need. Concern was expressed by Mayor Nancolas and the Council Members regarding the formation of such an urban renewal agency district and thereby being able to meet the Idaho State Code funding requirements. Greg Urritia, of New Beginnings Housing at 807 Kimball Avenue, expressed his appreciation for the excellent service the City of Caldwell has provided in directing and supporting HUD residential projects. He announced the"Fillmore Street Housing Project"has been approved by Idaho Housing and will move forward in 2017. The Mayor closed the meeting at 6:49 p.m. No action was taken or decisions made within the public workshop. REGULAR MEETING April 17,2017 7:00 P.M. Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. He noted that a workshop was held at 6:00 p.m. concerning a proposed text amendment regarding code enforcement procedures and a presentation by the Caldwell Housing Authority concerning affordable housing options. Pastor David Fraley of the Canyon Hill Nazarene 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,Allgood,Ozuna,and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Mavor's Youth Advisory Council Presentation The Mayor introduced Delphia Lloyd, chair of the Mayor's Youth Advisory Council. Ms. Lloyd reported that she recently attended the National League of Cities Conference in Washington, D.C. and provided an overview of the conference. She noted that she will be graduating in May 2017 and expressed her appreciation for the opportunity to serve with the Mayor's Youth Advisory Council over the past few years while attending Caldwell High School. B. Eniplovee of the Month Presentation Month of February Employee of the Month: Mario Rojas. The Mayor read the recommendation letter provided by Gary Shoemaker, Water Department Supervisor, and staff from the City Clerk's Office. The Mayor provided Mr.Rojas with a plaque and gift card. C Update report: Caldwell Fire Department Stair Climh Team Leukemia & Lymphoma Society Fundraiser. Jose Martinez gave the report and thanked the City Council,the Mayor, and the Caldwell community for their support in helping to raise $14,637 for the Leukemia and Lymphoma Society. Jose presented certificates to the Council and to the Mayor on behalf of the firefighter team. BOOK 58 PAGE 50 D. Update report: Youth Master Plan Committee Mayor Nancolas acknowledged Donna Shines (Mentoring Network) and Ron Bonneau as members of the Youth Master Plan Committee. He expressed appreciation to the committee and the success for their involvement with the success of the Plan. Debbie Geyer, Chair of the Youth Master Plan Committee at 411 Blaine Street,provided a copy of the Youth Master Plan and an accumulate listing of accomplishments from the time of its inception in 2011. She expressed appreciation for the many partnerships to include the YMCA, Compassion Caldwell, Caldwell High School, Vallivue High School (and other local high schools who have participated in the Youth Forum),West Valley Medical Center,the Department of Health and Welfare, Advocates Against Family Violence, Mentoring Network, College of Idaho, as well as other organizations and agencies within the Treasure Valley who have participated or sponsored a variety of activities/programs throughout the years. Ms. Geyer noted that the primary Youth Master Plan Committee meets every other month and the sub- committees for the Let's Move! Caldwell, Caldwell Saves I"Program, and the Caldwell Youth Forum programs meet in between. She provided an overview of the activities/programs of each of these sub- committees planned for 2017: • Caldwell Saves I": Community Financial Information Day May 6,2017 • Let's Move! Caldwell: Family Fun Day in the Park June 10,2017 • Youth Forum Location: College of Idaho September 13,2017 Ron Bonneau, Youth Forum Coordinator, 1403 Rimview, gave an updated report concerning the Youth Forum. The Forum is held in September each year and specifically targets high school students in the Caldwell area. The students are asked to create a Youth Forum project within their own school to take the message back to their peers. Students from Caldwell High School and Vallivue High provided PowerPoint presentations concerning how they applied the information of making a difference in their school environments after attending the Youth Forum. Ron Bonneau summarized the PowerPoint presentation provided by Gem State Academy since they were not able to attend. The Mayor expressed appreciation for the updated report and the positive changes which have been made within the community due to the partnerships established and programs created in connection with the Youth Master Plan. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION Mayor Nancolas acknowledged the presence of students from the Caldwell High School American Government class who were in attendance. Each of the students stood and introduced themselves. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on April 3, 2017; the Caldwell Hearing Examiner Meeting held on March 14, 2017; the Caldwell Industrial Airport Commission Meeting held on April 6,2017; 2. Approve appointment of Carlos Soriano to the Planning &Zoning Commission for a term to expire December 31,2019; 3. Approve appointment of Clayton Klinginsmith to the Caldwell Senior Citizen Board for a term to expire December 31,2018; 4. Approve Resolution No. 72-17 authorizing the continuance of the Code Enforcement Administrative Fee as approved on October 15,2012 by the Planning&Zoning Code Enforcement Division; 5. Approve Resolution No. 73-17 authorizing the execution of the Agreement between the Treasure Valley Family YMCA and the Caldwell Police Department for office space at the YMCA facility located at 3720 South Indiana; 6. Approve Resolution No. 74-17 authorizing the execution of a Cooperative Agreement with ITD for curb ramp upgrades on I-84 with the Caldwell City Limits; 7. Approve Resolution No. 75-17 accepting the Award of Bid to AME Electric, Inc. in the amount of $459,263.50 for LID 17-1 City Center Core Decorative Improvements; 8. Approve Resolution No. 76-17 authorizing the acceptance of the Policy for Provision of Effective Communication for the City of Caldwell; 9. Approve Resolution No. 77-17 authorizing the acceptance of the Fair Housing Policy for the City of Caldwell; 10. Approve Resolution No. 78-17 authorizing the acceptance of the Non-Discrimination on the Basis of Disability Policy for the City of Caldwell; 11. Approve Resolution No. 79-17 authorizing the acceptance of the Title VI Non-Discrimination Policy for the City of Caldwell; 12. Approve Resolution No. 80-17 authorizing the acceptance of the Title VI Discrimination Complaint Procedure Policy for the City of Caldwell; 13. Approve Resolution No. 81-17 authorizing the acceptance of the ADA Grievance Procedure Policy for the City of Caldwell; 14. Approve Resolution No. 82-17 authorizing the acceptance of the Service Animals Policy for the City of Caldwell. BOOK 58 PAGE 51 MOVED by Pollard, SECONDED by Callsen 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 OLD BUSINESS None. NEW BUSINESS PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. SUB-17P-01: A REQUEST BY 21ST AND CHICAGO LLC AND KM ENGINEERING FOR PRELIMINARY PLAT APPROVAL OF COLLEGE MARKETPLACE SUBDIVISION CONSISTING OF 6.97 ACRES, MORE OR LESS, TO BE SUBDIVIDED INTO 6 COMMERCIAL LOTS. THE SUBJECT PROPERTY IS LOCATED AT 414 N.21ST AVENUE(PARCEL#R3537300000)IN CALDWELL,IDAHO. The Mayor explained the quasi-judicial procedure and asked the Clerk to swear in those who would be providing public testimony. The Mayor declared the meeting open. Jarom Wagoner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the contents of the staff report. He noted that the preliminary plat approval request consists of six commercial lots on 6.97 acres. The parcel is located on the corner of Chicago and 21"Avenue. This parcel was recently rezoned from M- 1 (Light Industrial)to C-3 (Service Commercial Zone). The Comprehensive Plan Map indicates the area as commercial. The plan for the abutting property is for an assisted living facility which is under building permit review at this time. There is a development agreement in place as part of the rezone request which requires frontage improvements along 21"Avenue and Chicago as well as landscaping along those corridor entry ways. Kelly Keher, KM Engineering at 9233 W State Street, Boise, acknowledged being sworn in and spoke in favor of the request. He reported that the applicant concurs with the staff report. In response to questions from Mayor Nancolas,Mr. Keher reported that construction is ready to commence upon City Council's approval of the preliminary plat and final review through the Engineering Department. Brian Watt,Representative of 21"7 Chicago,LLC at 350 N 91h Street,Boise, acknowledged being sworn in and spoke in favor of the request. He reported that all bids have been received for construction and landscaping at the project site. MOVED by Stadick, SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-17P-01: The Mayor presented the Evidence List: staff report,sign-up sheets,and the preliminary plat. MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-I7P-01 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. SUB-17P-01: 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. SUB-I7P-01 MOVED by Ozuna, SECONDED by Callsen 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-17P-01: MOVED by Pollard, SECONDED by Allgood based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-17P-01 a request by 21" & Chicago, LLC for preliminary plat approval of College Marketplace Subdivision, consisting of 6.97 acres,more or less,to be BOOK 58 PAGE 52 subdivided into 6 commercial lots in a C-3 (Service Commercial) zone for the property located at 414 N. 21"Avenue in Caldwell,Idaho is approved with the conditions as outlined within the staff report. 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 Callsen, SECONDED by Hopper to close the public hearing. MOTION CARRIED PUBLIC HEARING(LEGISLATIVE): CASE NO OA-17-03—A REQUEST BY THE CALDWELL PLANNING & ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER 2, GOVERNING BODIES AND ADVISORY BOARDS, AND CHAPTER 10, THE ZONING ORDINANCE,OF CITY CODE. ORDINANCE 4444 3083 STAFF REPORT.- Brian EPORT:Brian Billingsley, Planning & Zoning Director at 621 Cleveland Blvd., provided the staff report and outlined the facts as written. He reported that the approval of Ordinance 3082 3083 would re-enact the Design Commission. He noted that the Design Commission was enacted in 2005 for the purpose of reviewing new construction along Indian Creek corridor in downtown Caldwell and met on an"as need" basis. After five years, City Council recommended that all design review be conducted by City staff and thus the design review commission was disbanded. Under the proposed ordinance, the design review jurisdiction will be the City Center Zoning District with the boundaries as the railroad and Memorial Park and Simplot Boulevard to 121'Avenue. The commission will consist of three to seven members. Two of the members can be non-city residents;however,if there is only three members, then only one non-city resident would be allowed. The commissioners will be composed of citizens having a background or interest in community design such as architects, planners, engineers, builders, historians, developers, downtown business owners, and property owners. Commissioners would be appointed to two (2) or three (3) year terms that are equally staggered. The commissions will elect their own chair and vice-chair. City staff will take the meeting minutes which will be forwarded to City Council for ratification. Mr. Billingsley noted that the commission will have jurisdiction to review all new construction, building additions and exterior renovations within the City Center District. Appeals of decisions will be forwarded to City Council. The Local Land-use Planning Act requirements must be met. All single-family dwellings in the City Center District will be exempt from design review. Focus will be on multi-family residential dwellings or commercial uses. He emphasized that no application for design review will be accepted until the parties have met with City staff in a round-table session. In conclusion, Mr. Billingsley reported that he is hoping to appoint the Design Review Commission members during the month of May,conduct training in June, and have the availability of case review with the commission by July. The Mayor provided a historical review for the students in the audience concerning the Framework Master Plan which outlines the design standard for downtown facilities. Councilman Hopper recommended that staff look to possibly expand the boundary of the City Center Zone to include Denver Street and 101'Avenue in the future. ORDINANCE 3090 STAFF REPORT: Brian Billingsley, 621 Cleveland Blvd.,provided an overview of Ordinance 3090 to include changes to the sign ordinance. Blade signs would be allowed with size limits provided for projecting signs. He noted that special use permits will be required for first floor office space and secondhand stores desirous to be located within the City Center Zoning District. Special use permits will be eliminated for vehicle sales and auto repair shops. These type of existing uses will be considered as a"grandfathered"use. New development of such businesses will be directed outside of the core downtown area. The GGLO Design Handbook was compared with City Code and amendments have been made accordingly. Building height restrictions have been eliminated within the core downtown area. Building paint colors have been outlined within the designs requirements. Mr. Billingsley concluded that the Planning & Zoning Commission met last week and recommended two minor changes to the document which have been made. Kelli Jenkins, Chair of Destination Caldwell at 16091 Orchard Avenue, spoke in support of the request. She expressed her appreciation for the community support and partnerships formulated with the goal of revitalizing the downtown. The process has taken approximately three years. She recommended approval of the proposed documents. In response to questions from Councilman Hopper, Ms. Jenkins stated that communication with the business owners making them aware of the changes is critical. Such changes will potentially increase the business trade in the downtown. Keri Sigman, Caldwell Economic Development Specialist at 411 Blaine Street,spoke in support of request. She noted that a lot of ideas started with Roger Brooks and his revitalization plans for the downtown. She BOOK 58 PAGE 53 expressed appreciation to the community for the ongoing comments which have been received. She stated her support for the allowance of smaller signage which is more conducive to a pedestrian friendly downtown core. MOVED by Allgood, SECONDED by Ozuna to close the public hearing. MOTION CARRIED CONSIDER BILL NO. 2 (ORDINANCE X082 3083) TO AMEND CHAPTER 2, ARTICLE 37 AND PORTIONS OF CHAPTER 10, ARTICLE 12, WHICH WOULD REESTABLISH THE DESIGN REVIEW COMMISSION WITH THE 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 ENACTED BY THE CALDWELL CITY COUNCIL CREATING CHAPTER 2, ARTICLE 37 ENTITLED "DESIGN REVIEW COMMISSION" AND AMENDING CHAPTER 10, ARTICLE 12, SECTION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Pollard, SECONDED by Stadick to waive the three reading process and consider Bill No. 2 (Ordinance No. 3082 3083)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 Callsen to sponsor Bill No. 2 (Ordinance No. 3082 3083), move for its passage by title only,and approve the summary for publication. 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 After further examination by the City Clerk of the approved ordinance documents, it was noted that the ordinance contained a typographical error. The document should have been labeled as ORD 3083 rather than ORD 3082. Legal counsel was made aware of this matter. The ordinance was corrected for the purpose of retention in the Office of the City Clerk,publication, and codification. CONSIDER BILL NO. 9 (ORDINANCE NO. 3090) TO AMEND PORTIONS OF CHAPTER 10, ARTICLE 12, CITY CENTER ORDINANCE WITH THE 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 ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL ZONING ORDINANCE SECTION BY AMENDING SECTION 10-12 REGARDING CITY CENTER ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY;AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 9 (Ordinance No.3090)on its first reading by title only. Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, 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. 9 (Ordinance No. 3090), move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, 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$2,250,953.33 for the period ending April 12,2017 and net payroll in the amount of$371,786.22 for pay period ending on April 1,2017. MOVED by Pollard, SECONDED by Hopper that accounts payable in the amount of $2,250,953.33 represented by check numbers 122858 through 123124 and payroll for the total amount of$371,786.22 represented by check numbers 31092 through 31204 and payroll direct deposits, be accepted, payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED BOOK 58 PAGE 54 (COUNCIL COMMENTS) Councilman Callsen and Councilman Hopper commented on the impressive youth presentations and work of the Youth Master Plan committee volunteers. Council Member Ozuna invited every to view the recent upgrades within the Caldwell Public Library. Councilman Allgood expressed his concern that the current City Code does not address functionality of large events within the downtown dealing with catering permits. Discussion followed concerning upcoming training from the Idaho Alcohol Beverage Control Division at the AIC Conference regarding the catering permit criteria. Debbie will report back concerning this matter after the conference in June. Councilman Stadick provided an update concerning the Caldwell Veterans Memorial Hall construction and the upcoming May fundraiser event. (MAYOR'S COMMENTS) The Mayor reported on the success of the Indian Creek Plaza ground breaking celebration and expressed appreciation to those involved in planning the event. He reported that he has completed the one-on-one meetings with each of the department heads concerning budget matters. Mr. Waite will be retiring in 2018 and the finance department team has worked diligently in cross training efforts in preparation for the transition. Upcoming calendar events: • April 22,2017: Community Pride Day at 8:00 a.m. at City Hall • April 22,2017: West Valley Medical Center Fun Run at 9:00 a.m. • April 23,2017: First Christian Church on Ustick Road will be celebrating their 125 year anniversary • April 27,2017: Purple Sage Golf Course Open House • May 1,2017: Next City Council Meeting. (The Mayor and Debbie Geyer will be absent due to their attendance at the National League of Cities Mayors' Institute in relation to the recent technical assistance grant. Council President Callsen will be chairing the meeting.) The student scholarships from the Mayor's Youth Advisory Council have been awarded to students from both Caldwell High School and Vallivue High School. Next year Ridgevue High School will be included in the award process as well. Brian Billingsley handed out a packet regarding a parcel located in Middleton's Area of Impact and adjacent to Caldwell City Limits. He will be attending the Canyon County public hearing on Thursday evening, April 201h and speaking in opposition to the request. (ADJOURNMENT) MOVED by Hopper, SECONDED by Ozuna to adjourn at 8:53 p.m. MOTION CARRIED APPROVED AS written THIS Is' DAY OF ME _2017. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk