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HomeMy WebLinkAboutCity CouncilA CITY COUNCIL ITEM DATE SUBMITTED BY r 0 rOW- o� o -c <77 BOOK 47 PAGE 204 REGULAR MEETING DECEMBER 18, 2006 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor welcomed those in attendance and asked veryone to stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Callsen, Dakan, and Wells. Absent: Hopper. SPECIAL PRESENTATIONS Frank Walling, AmeriCorp Representative with the Caldwell Mayor's Youth Advisory Council (MYAC) presented the Idaho Brightest Star Award to the Mayor and City Council members. The trophy was received from Governor Risch on December 7, 2006 and was awarded to the Mayor's Youth Advisory Council for their many accomplishments since the MYAC's inception in 1998, Mr. Walling introduced Hannah Hogg, Vice -Chair of the MYAC. Kennedy Wise, Ryan McCoy, Shoni Pegram, and Paige Baxter of the Mayor's Youth Advisory Council reported on their recent trip to Reno, Nevada where they participated in the National League of Cities Conference. /�177Ti tlTaT.i;�i7 TT�I71 �ti B CIRM1112 0 11 1 W.Tel s1010 MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Item #19 under the Consent Calendar due to the need for further discussion by Council; continue Item 01 under Old Business to the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m; add additional language to Item 41 under New Business to read: "and approve the summary for publication.'; and continue Item #3 under New Business to the Regular City Council Meeting to be held on February 20, 2007 at 7:00 p.m. Those voting yes: unanimous. Those absent; Hopper, MOTION CARRIED RI)0131►197A741114110)191%116) I None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: I. Approve acceptance of the minutes from the Regular City Council meeting held on December 4, 2006, the Caldwell Traffic Commission held on December 4, 2006, and the Friends of the Depot held on November 15, 2006, 2. Approve Order of Decision and Development Agreement for Case Nos. ANN-122-06 & SUB-151P-06 (Marble Creek Subdivision); 3. Approve Order of Decision and Development Agreement for Case No. ANN-127-06 (Harshman, Houston, & IFI Annexation); 4. Approve Order of Decision and Development Agreement for Case No. ANN-128-06 (Kapicka Commons Subdivision); 5. Approve Order of Decision and Development Agreement for Case No. ANN-129-06 (StewarttWhile Pines Subdivision); 6. Approve Order of Decision for Case No. SUB- 154PF-06 (Carrington Center); 7. Approve Order of Decision and Development Agreement for Case Nos. ANNA 30-06 and SUP-278-06 (Linden Stake Center); 8. Approve Order of Decision and Development Agreement for Case Nos. ANN-131-06 and SUB- 155P-06 (Eagle Rock Subdivision); 9. Approve Order of Decision and Development Agreement for Case No. ZON46-06 (New Beginnings Housing); 10. Approve Resolution No. 179-06 accepting the request for a bond extension from Freehold Development, LLC. for Sky Ranch Business Center No. 1; 11. Approve Resolution No. 180.06 accepting dedication of sewer, water, storm drain, and street light improvements from Westpark Company, Inc. for Castle Peak No. 1; 12. Approve Resolution No. 181-06 authorizing the execution of a Grant Agreement in the amount of $13,026 with Idaho Transportation Department Division of Aeronautics for the Caldwell Industrial Airport; 13. Approve Resolution No- 182-06 authorizing the execution of the Annual Road and Street Financial Report with the Idaho State Controller (Highway Users Depattment�,foY%eVd&6)4ar ended September 30, 2006; i>g 14. Approve Resolution No. 183-06 authorizProperty Damage Release with KMO ConstructioruNorthland Insurance for fire dam�ge,Ilf a ldwe`t '106i&Depot on July 17, 2006; 15. Approve Resolution No. 194-06 authorizing the a dph'bn of the Tr i�,ipnal Work Program for the Fire Department; 16. Approve Resolution No. 185-06 of Intention for the j.ormatiptn ofic� Improvement District (LID) No. 07-1 and set the Public Hearing for fanuary 2. 2007; � �p w 17. Approve appointment of Bill Norman to the Indian�Creek �esign� %gngitttee for a one (1) year term ending December 18. Approve reappointment of Paul Alldredge and Scbtt Walla ,�fa Manning and Zoning Commission for a three (3) year term ending December 3 S, 2009; [Remove from 5genda(4.0 cc- BOOK 47 r r PAGE 205 19. Approve Award of Bid for asphalt repairs at the Caldwell Industrial Airport to Capital Paving in the amount of $26,479. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED OLD BUSINESS (CONTINUE DISCUSSION CONCERNING WINDSOR CREEK ORDER OF DECISION. STAFF AND APPLICANT HAVE QUESTIONS CONCERNING APPROVED ROAD WIDTHS) [As requested by the applicant, this item was continued to the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m.] (CONTINUE PUBLIC HEARING [QUASI-JUDICIAL]: CASE NOS. ANN-132-06 AND SUB-156P-06, A REQUEST BY L-202-1 ID PEREGRINE ESTATES FOR ANNEXATION OF 161AS ACRES INTO CITY WITH R-1 [SINGLE-FAMILY RESIDENTIAL] ZONING, A COMPREHENSIVE PLAN MAP AMENDMENT DESIGNATING THE SITE LOW -DENSITY RESIDENTIAL, A DEVELOPMENT AGREEMENT, AND FOR PRELIMINARY PLAT APPROVAL OF PEREGRINE ESTATES SUBDIVISION WITH 475 RESIDENTIAL LOTS, 1 SCHOOL LOT, AND 21 COMMON LOTS) The Mayor reported that this item was heard at the Regular City Council Meeting on November 20, 2006 at which time public testimony was taken. Due to requests made by the Council to the applicant and staff during deliberation regarding items of concern, the public hearing was continued. MOVED by Oates, SECONDED by Blacker to reopen the public testimony portion of the hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being previously sworn in and reviewed the staff report as written. She presented a large aerial map and a development packet from the applicant, which the Mayor labeled as CC- 1007 and CC-1009. She noted that a revised plat was submitted to the Hearing Examiner on December 5, 2006 indicating a reduction from 507 to 475 residential lots and a reduction in common lots from 23 to 21. She stated that the Hearing Examiner requested that the perimeter lots be consistent with the adjacent subdivisions. The Peregrine Estates has approximately two lots to every one lot within the Lake Brook Subdivision. She stated that the Canyon View Subdivision located to the north of the proposed development is compatible to the proposed Peregrine Estates. She read into the record a letter from the applicant regarding issues concerning additional dedication of out parcel right-of-way, which the Mayor labeled as CC-1009. In response to questions from Councilman Wells, Brian Billingsley responded that he could not recall if density was discussed with the developer at the initial round table session held approximately seven months ago. Wendy Kirkpatrick, 1940 South Bonito Way, Meridian, acknowledged being previously sworn in. She presented a revised color -coded plat map, an amenities plat map, and a large plat map, which the Mayor labeled as CC-1010, CC-1011, and CC-1012. She outlined the revisions made to the Peregrine Subdivision preliminary plat. Ms. Kirkpatrick noted that 110 lots within the proposed development are 10,000 square feet or larger, 118 lots are between 8,000-10,000 square feet, 150 lots are between 7,000-8,000 square feet, and 90 lots are 6,000-7,000 square feet in size or approximately 20% of the project. She reported that the developer has removed 40 lots from the original plat. The current total number of lots is now 468, which brings the density to 2.9 units per acre. She emphasized that the Vallivue School District site, which would be located within the development, is a critical component in planning for the area's continued growth. Peregrine Estates would provide utility connections and street extensions to the school site. Jason Kotter, 16070 Idaho Center Blvd., Nampa, stated that the Lake Brook Subdivision located to the east of the proposed development represents an upscale development. He reported that the developer is looking for direction concerning the City's desire for design and density of future developments within the area. Bill Eldringhofp, 156421 Lake Avenue, acknowledged being previously sworn in and spoke in opposition to the request. He expressed his concern that the Peregrine Estate development is not compatible with the surrounding area. Nancy Henry, 13049 Lake Avenue, acknowledged being previously sworn in and spoke in opposition to the request. She presented a packet of aerial photographs of surrounding properties, which the Mayor labeled as CC- 1013. She stated her concern regarding traffic issues. She asked that the Council strongly consider previously submitted letters of opposition. Mrs. Freeman, 15217 Lake Avenue, Nampa, acknowledged being previously sworn in and stated that she was in agreement with previous testimony given in opposition to the development. Lisa Letto, 12353 Orchard Avenue, Nampa, acknowledged being previously sworn in and stated that she was in agreement in previous testimony of opposition from Mr. Eldringhofp and Mrs. Henry. Scott Glubay, 12814 Orchard Avenue, Nampa, acknowledged being previously sworn in. He stated that he was in agreement with previous testimony given in opposition to the development. BOOT( 4r rPAGE 206 In rebuttal, Ms. Kirkpatrick reported that the developer would be providing a 150-foot landscape buffer between the Peregrine Estates development and the Lake Brook development. She emphasized that their application was submitted prior to the adoption of the Lake Zone; therefore, those requirements are not applicable to this project. She addressed comments concerning the proposed density and larger lots being located along the subdivision's perimeter. In response to questions from Councilman Oates, Mark Hilly stated that the application has two component parts — the annexation and the subdivision. He noted that without annexing the property, Council may not act upon the subdivision application. He stated that the matter could be continued or tabled. Determination must be established if annexation of the parcel is in the best interest of the City. He suggested that if Council is not prepared to approve the subdivision, the property should not be annexed at this time. In response to questions from Councilman Oates, Mr. Billingsley stated that the applicant modified the plat to meet the Hearing Examiner's recommendation of increasing the perimeter lot sizes; however, the recommendation also included making the lot sizes comparable to the lots within the Lake Brook Subdivision. Councilman Wells expressed his concern regarding traffic issues relating to the proposed school site. Gordon Law responded that the school site would substantially increase traffic within the area; however, developers are required to contribute to the anticipated traffic loads and service. He noted that the traffic study included the proposed school site. MOVED by Dakan, SECONDED by Blacker to close the public testimony portion of this hearing. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED EVIDENCE LIST FOR CASE NOS. ANN-132-06 AND SUB- 156P-06: The Mayor presented the Evidence List: staff report, sign up sheets, preliminary plat, CC-1000 (aerial map), CC-1001 (letter from Alvin and Helen Baptiste), CC-1002 (site map from Wendy Kirkpatrick), CC-1003 (letter from Vallivue School District), CC-1004 (letter from Batt & Fisher, Attorneys), CC-1005 (site plan of Lake Brook Subdivision from Jason Kotter), CC-1006 (packet of pictures from Scott Glubay), CC-1007 (aerial photo from the City Engineering Department), CC-1008 (Peregrine Estates development packet from Wendy Kirkpatrick), CC-1009 (letter from L-202-1 ID), CC- 1010 (revised colored plat from Wendy Kirkpatrick), CC- 1011 (large display of water features from Wendy Kirkpatrick), CC-1012 (large plat map from Wendy Kirkpatrick), and CC-1013 (packet of aerial photos from Nancy Henry). MOVED by Oates, SECONDED by Blacker to approve the evidence list as presented. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-132-06: MOVED by Oates, SECONDED by Callsen to adopt the Comprehensive Plan Analysis as outlined in the staff report. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED FINDINGS OF FACT FOR CASE NO. ANN-132-06: MOVED by Oates, SECONDED by Blacker to accept the facts as outlined in the staff report, the public testimony given in both segments of the public hearing, the evidence list that has been approved, and note that there was considerable comment, mostly in opposition to this proposal. Roll call vote: Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW FOR CASE NO. ANN-132-06: MOVED by Oates, SECONDED by Blacker that Council has the authority to hear this request and order that it be approved or denied. The hearing was legally noticed and posted and was held under the requirements of Idaho codes and City ordinances. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION FOR CASE NO. ANN-132-06: MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN-132-06, a request by L-202-1 ID Peregrine Estates for annexation of 16l.15 acres into the City of Caldwell with R-1 (Single -Family Residential) zoning, a Comprehensive Plan map amendment designating the property low -density residential and a development agreement listing the terms and conditions of the rezone is hereby approved with the conditions listed in Section 8 of the staff report. Roll call vote. Those voting yes: Oates and Dakan. Those voting no. Callsen, Wells, and Blacker. Absent and/or not voting: Hopper. MOTION FAILED Discussion followed by Council concerning the compatibility of the development to the surrounding area. BOOK 47 PAGE 207 MOVED by Blacker, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN-132-06, a request by L-202-1 ID Peregrine Estates for annexation of 161.15 acres into the City of Caldwell with R-I (Single -Family Residential) zoning, a Comprehensive Plan map amendment designating the property low -density residential and a development agreement listing the terms and conditions of the rezone is hereby denied. Roll call vote. Those voting yes: Blacker and Callsen, Those voting no: Oates, Dakan, and Wells. Absent and/or not voting: Hopper. MOTION FAILED Discussion by Council followed concerning the issue being possibly continued or tabled. Mr. Hilty clarified the options available. He noted that the item must be re -noticed and recommended by the Planning and Zoning Commission if substantial changes are made to the application. MOVED by Dakan, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN-132-06, a request by L-202-1 ID Peregrine Estates for annexation of 161.15 acres into the City of Caldwell with R I (Single -Family Residential) zoning, a Comprehensive Plan map amendment designating the property low -density residential and a development agreement listing the terms and conditions of the rezone is hereby denied. Roll call vote. Those voting yes: Dakan, Blacker, and Callsen, Those voting no: Wells and Oates. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED The Mayor declared a short recess. Councilman Hopper joined the Council session during the break. (CONSIDER BILL NO. 57 ]ORDINANCE 2632] FOR CASE NO. ANN-132-06 [PEREGRINE ESTATES SUBDIVISION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) [Item removed from the agenda due to Item 42 being denied.] (CONTINUE PUBLIC HEARING (LEGISLATIVE] CASE NO. OA-74-06 [LANDSCAPING MATERIALS], A REQUEST BY THE COMMUNITY DEVELOPMENT DIRECTOR TO AMEND SECTION 10-07-04 OF THE CALDWELL ZONING ORDINANCE CONCERNING LANDSCAPING MATERIALS AND APPEALS TO BE HEARD BY THE CALDWELL DESIGN REVIEW COMMISSION) The Mayor declared the hearing continued and open. Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. He stated that the proposed text contains language requiring grass as the primary and dominant landscape material. Materials such as rock, gravel, mulch, bark, and wood chips are limited to 20% maximum coverage. He explained that the text also provides for an appeal process through the Design Review Commission and City Council. In response to questions from Councilman Blacker, Mr. Billingsley stated that the cost to appeal a determination through the Design Review Commission would require a public hearing and appropriate fees would apply. Councilman Blacker stated his concern regarding the 20% requirement and how that percentage would be policed by City staff. Discussion followed concerning the review and appeal process. MOVED by Dakan, SECONDED by Oates to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. I [ORDINANCE 2576] FOR CASE NO. OA-74-06 [LANDSCAPING MATERIALS] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Mark Hilty noted that the bill requires some formatting changes and suggested that it be brought back to the next Regular City Council Meeting for consideration. MOVED by Blacker, SECONDED by Oates to continue the item to the next Regular City Council Meeting to be held on January 2, 2007 at 7:00 p.m. Those voting yes: unanimous. MOTION CARRIFD (CONSIDER BILL NO. 59 [ORDINANCE 26341 FOR CASE NO. ZON-48-06 [FAST TRAC DEVELOPMENT[ WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) BOOK 47(0"" The Mayor read Bill No. 59 by title only: rPAGE 208 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-2 (COMMUNITY 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 COMMUNITY DEVELOPMENT 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 Blacker, SECONDED by Callsen to waive the three reading process and consider Bill No. 59 on its first reading by title only. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Blacker, SECONDED by Callsen to sponsor Bill No. 59, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS (CONSIDER BILL 76 [ORDINANCE 26511 ANNEXING KINGSVIEW SUBDIVISION NO. 2, WINDSOR CREEK SUBDIVISION NO. 2, ASPENS SUBDIVISION NO. 4, AND EXHIBIT "A" INTO THE MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 76 by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 76 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 76, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes. Hopper, Callsen, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-.IUDICIALI: CASE NO. ZON-49-06, A REQUEST BY RAY AND ANDY SHERVIK FOR A REZONE FROM R-2 (MEDIUM -DENSITY RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL(, A COMPREHENSIVE PLAN MAP AMENDMENT FROM MEDIUM -DENSITY RESIDENTIAL TO COMMERCIAL, AND A DEVELOPMENT AGREEMENT) The Mayor explained the public hearing process and had the clerk swear in those that were signed up to speak at any of the public hearings tonight. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented a large aerial map of the site, which the Mayor labeled as CC-1000. She outlined the facts as written within the staff report. She noted that a six-foot privacy fence would be required along the east boundary to act as a buffer. Chad Gunstream, 1607 W. Sheridan Avenue, Nampa, acknowledged being sworn in and spoke in favor of the request. He noted that currently the site is vacant; however, with its present zoning the applicant is not able to use the parcel as a holding yard for vehicles or overflow for future expansion. He noted that the applicant recently purchased the property to the west as a commercial site for Master Blasters. The applicant is in agreement with the requirements within the development agreement. In response to questions from Councilman Hopper, Ms. Skinner stated that the C-3 (Community Commercial) zone is appropriate for the requested land use. She noted that the applicant has already signed the development agreement. BOOK 47 r r PAGE 209 MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of this hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON49-06: The Mayor presented the Evidence List: sign up sheets, staff report, and CC-1000 (aerial map). MOVED by Hopper, SECONDED by Oates to approve the evidence list as presented. Those voting yes: unanimous. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON49-06: MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the staff report. Those voting yes: unanimous. MOTION CARRIED FINDINGS OF FACT FOR CASE NO. ZON49-06: MOVED by Hopper, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony given this evening, the evidence list that has been approved, and note that there was no opposition to the request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW FOR CASE NO. ZON49-06: MOVED by Hopper, SECONDED by Oates that Council has the authority to bear this request and order that it be approved or denied. The bearing was legally noticed and posted and was held under the requirements of Idaho codes and City ordinances. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION FOR CASE NO. ZON49-06: MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ZON49-06, a request by Ray Shervik and Andy Shervik to rezone a 0.35 acre parcel of land from R-2 (Combined Medium -Density Residential) to C-3 (Service Commercial), to include a Comprehensive Plan Map amendment from medium -density residential to commercial and a development agreement, which has already been signed, listing the terms and conditions of the rezone is hereby approved with the conditions listed in Section 8 of the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Hopper to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (PUBLIC NEARING [QUASI-JUDICIAL]. CASE NO. ZON-47-06, A REQUEST BY DR. WI.LLIAM BLACK FOR A REZONE FROM R-I [SINGLE-FAMILY RESIDENTIAL] TO R-3 [MULTI -FAMILY HIGII DENSITY RESIDENTIAL], A COMPREHENSIVE PLAN MAP AMENDMENT FROM LOW -DENSITY RESHDENTIAL TO HIGH -DENSITY RESIDENTIAL, AND A DEVELOPMENT AGREEMENT) [As requested by the applicant, this item was continued to the Regular City Council Meeting to be held on February 20, 2007 at 7:00 p.m.] (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committ�q-bas'reviewed current accounts payable in the amount of .a $834,868.87 for the period ending December 13, 2006 and66fp n6ll.idthp amount of $235,046.69 for the pay period ending November 25, 2006. •r ' t• MOVED by Callsen, SECONDED by Blacker that at:coupts payable in the; amount of $834,868.87 represented by check numbers 40103 through 40471 and the total payroll in the amount of $23j,046:69 represented by check numbers 11591 through 11697 and direct deposits be accepted, payments appSoved, and vqucheri filed in the Office of the City Clerk. Those voting yes: unanimous. * • •v'` MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen expressed W appreciation for being asked to attend the Idaho Brightest Star Award Ceremony with the Mayor's Youth Advisory Council representatives on December 7, 2006. BOOK 4r rPAGE 210 Council Blacker stated his appreciation for the City Christmas Dinner. He suggested that Christmas lights be strung on the Train Deport next year, which would be highly visible from the 10d' Avenue overpass. He noted that some of the Christmas lights are not working on the trees along 10d' Avenue at the golf course. Councilman Wells noted that additional buildings are being demolished this week in the downtown in preparation for Indian Creek renovations. (MAYOR'S COMMENTS) The Mayor reported that he attended the National League of Cities Conference where he attended a workshop entitled "The Municipal Checkbook." He noted that after hearing the items discussed within this session, he was reassured that the City's financial department is to be commended on their precise accounting procedures. He noted that the second session he attended dealt with Green Building. He reminded Council of the upcoming Green Building tour on January 10'" and the town hall workshop on January 17'b concerning this issue. He expressed his appreciation to members of the Mayor's Youth Advisory Council who attended the National league of Cities Conference and their excellent representation of the City while speaking at various workshops and facilitating the proposed skate park exhibitor booth. City Hall will be closed on December 22nd and 25d' due to the Christmas holiday. The Mayor noted that he would be out of the office that week for vacation. (EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE 67-2345 FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates. SECONDED by Hopper to convene into Executive Session pursuant to Idaho State Code 67-2345 for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to reconvene into the Regular Council Meeting. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 9:25 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 2nd DAY O JANUARY 2007. AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 18, 2006 AT 7:00 P.M. WORKSHOP AT 6:30 P.M. AT THE POLICE STATION REGARDING PLANNED UNIT DEVELOPMENT ORDINANCE. INVOCATION OFFERED BY PASTOR DOUG GROSS OF THE EVERGREEN HEIGHTS MENNONITE CHURCH, PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. SPECIAL PRESENTATIONS. A. Mayor's Youth Advisory Council Presentation (Brightest Star Award). ADDITIONS OR DELETIONS TO THE AGENDA, AUDIENCE PARTICIPATION. CONSENT CALENDAR: 1. Approve acceptance of the minutes from the Regular City Council meeting held on December 4, 2006, the Caldwell Traffic Commission held on December 4, 2006, and the Friends of the Depot held on November 15, 2006; 2. Approve Order of Decision and Development Agreement for Case No. ANN-122.06 & SUB-151P-06 (Marble Creek Subdivision); 3. Approve Order of Decision and Development Agreement for Case No. ANN-127-06 (Harshman, Houston, & iFl Annexation); 4. Approve Order of Decision and Development Agreement for Case No. ANN-128-06 (Kapicka Commons Subdivision); S. Approve Order of Decision and Development Agreement for Case No. ANN-129-06 (Stewart/White Pines Subdivision); 6. Approve Order of Decision for Case No. SUB- 154PF-06 (Carrington Center); 7. Approve Order of Decision and Development Agreement for Case No. ANN-130-06 and SUP-278-06 (Linden Stake Center), S. Approve Order of Decision and Development Agreement for Case No. ANN-131-06 and SUB-155P-06 (Eagle Rock Subdivision); 9. Approve Order of Decision and Development Agreement for Case No. ZON-46-06 (New Beginnings Housing); 10. Approve Resolution accepting the request for a bond extension from Freehold Development, LLC. For Sky Ranch Business Center No. 1; 11. Approve Resolution accepting dedication of sewer, water, storm drain, and street light improvements from Westpark Company, Inc. for Castle Peak No. l; 12. Approve Resolution authorizing the execution of a Grant Agreement in the amount of $13,026 with Idaho Transportation Department Division of Aeronautics for the Caldwell Industrial Airport; 13. Approve Resolution authorizing the execution of the Annual Road and Street Financial Report with the Idaho State Controller (Highway Users Department) for the fiscal year ended September 30, 2006; 14, Approve Resolution authorizing the execution of Property Damage Release with KMO Construction/Northland Insurance for fire damage at the Caldwell Train Depot on July 17, 2006; 15. Approve Resolution authorizing the adoption of the Transitional Work Program for the Fire Department; 16. Approve Resolution of Intention for the formation of Local Improvement District (LID) No. 07.1 and set the Public Hearing for January 2, 2007; 17, Approve appointment of Bill Norman to the Indian Creek Design Committee for a one (1) year term ending December 31, 2007; 18. Approve reappointment of Paul Alldredge and Scott Wallace to the Planning and Zoning Commission for a three (3) year term ending December 31, 2009; 19. Approve Award of Bid for asphalt repairs at the Caldwell Industrial Airport to Capital Paving in the amount of $26,479. OLD BUSINESS: I. Continue discussion concerning Windsor Creek Order of Decision. Staff and applicant have questions concerning approved road widths. 2. Continue Public Hearing (Quasi -Judicial); Case Nos. ANN-132-06 and SUB-156P-06, a request by L-202-1 ID Peregnne Estates for annexation of 161.15 acres into City with R-I (Single Family Residential) zoning, a Comprehensive Plan Map amendment designating the site low -density residential, a development agreement, and for preliminary plat approval of Peregrine Estates Subdivision with 475 residential lots, 1 school lot, and 21 common lots. 3. Consider Bill No. 57 (Ordinance 2632) for Case No. ANN-132-06 (Peregrine Estates Subdivision) with a request to waive the rules, pass on the first reading, and approve the summary for publication. 4. Continue Public Hearing (Legislative) Case No. OA-74-06 (Landscaping Materials), a request by the Community Development Director to amend Section 10-07-04 of the Caldwell Zoning Ordinance concerning landscaping materials and appeals to be heard by the Caldwell Design Renew Commission. 5. Consider Bill No. I (Ordinance 2576) for Case No. OA-74-06 (Landscaping Materials) with a request to waive the rules, pass on the first reading, and approve the summary for publication. 6. Consider Bill No. 59 (Ordinance 2634) for Case No. ZON-48-06 (Fast Trac Development) with a request to waive the rules, pass on the first reading, and approve the summary for publication. NEW BUSINESS: 1. Consider Bill 76 (Ordinance 2651) annexing Kingsnew Subdivision No. 2, Windsor Creek Subdivision No. 2, Aspens Subdivision No. 4, and Exhibit A into the Municipal Irrigation District with a request to waive the rules and pass on the first reading. 2. Public Hearing (Quasi -Judicial): Case No. ZON-49-06, a request by Ray and Andy SheMk for a rezone from R-2 (Medium - Density Residential) to C-3 (Community Commercial), a Comprehensive Plan Map amendment from medium -density residential to commercial, and a development agreement, 3_ Public Hearing (Quasi -Judicial): Case No ZON47-06, a request by Dr. William Black for a rezone from R-i (Single -Family Residential) to R-3 (Multi -Family High Density Residential), a Comprehensive Plan Map amendment from low-densiry residential to high -density residential, and a development agreement, 4. Financial Reports. 5. Council Reports. Mayor's Comments. Executive Session pursuant to Idaho State Code 67-2345 to discuss pending litigation. Adjourn. Next Regular City Council Meeting is on Tuesday, January 2, 2007 at 7:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the meeting should contact the City Clerk at 411 Blaine Street or call 04554656 prior to the meeting Agenda and Minutes can be viewed on the City of Caldwell's website: www.cilvofcaldwcll.com i