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HomeMy WebLinkAboutCity CouncilCITY COUNCIL ITEM DATE SUBMITTED BY CC-1 AGENDA CC-2 MINUTES cc 4A" cc- -3-c�� cc-,� cc- cc- cc- cc- r RESOLUTION NO. zq 13 RESOLUTION ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CITY OF CALDWELL COMPREHENSIVE PLAN MAP. WHEREAS, pursuant to Idaho Code 67-6509, the City of Caldwell has adopted and maintained a Comprehensive Plan to manage future growth and development of the City and the City's area of impact; and, WHEREAS, the City of Caldwell first adopted a Comprehensive Plan Map on February 15, 1977; and, WHEREAS, the City's Comprehensive Plan Map was most recently amended on March 19, 2012; and, WHEREAS, the Mayor and City Council have deemed it appropriate to amend and update the City of Caldwell Comprehensive Plan Map; and, WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, IDA 40 AS FOLLOWS: SECTION 1: Pursuant to Section 67-6509 of Idaho Code, the Mayor and City Council hereby amends the City of Caldwell Comprehensive Plan Map. SECTION 2: EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its adoption. PASSED BY THE COUNCIL of the City of Caldwell this 181h day of March, 2013. APPROVED BY T14E MAYOR of the City of Caldwell this 181h day of March, 2013. Garret Nancolas, Mayor ATTEST: I C- = 1AIV 15 BE Debbi�Geye�r,Cityk 'a�°�,� f#� Q.•••'� Pao.•-. -.<COUN1 t .1•� �/ BILL NO. 1 ORDINANCE NO. 2922 AN ORDINANCE ADOPTING AN AMENDED ZONING MAP THAT SUPERSEDES AND REPLACES THE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF CALDWELL ON MARCH 19, 2012. WHEREAS, The City of Caldwell Is responsibly updating all codes and ordinances; and WHEREAS, The City of Caldwell has Identified the properties in this ordinance as appropriate for keeping zoning information current for all citizens and property owners; and WHEREAS, The City of Caldwell has determined that it Is in the best interests of the City to update its zoning map; and WHEREAS, The City has held a public hearing on the proposed changes on March 18, 2013; and WHEREAS, The City Council has reviewed all evidence and testimony submitted at the City of Caldwell hearings. NOW THEREFORE, THE CITY OF CALDWELL ORDAINS AS FOLLOWS: Section I. That the Caldwell Planning and Zoning Commission held a public hearing on February 12, 2013 for Case No. OA-151-13 adoption of an amended zoning map as adopted by City Council on March 19, 2012. At said hearing, the Planning and Zoning Commission forwarded their recommendation onward to the Mayor and City Council that the City adopt the amended map, and that the map Include the following statement: "This is to certify that this amended zoning map supersedes and replaces the official zoning map adopted by the City of Caldwell by Ordinance No. 2902 on March 19, 2012." Section 2. That the amended zoning map includes all rezones and annexations that occurred between January 1, 2012 and December 31, 2012. Said rezones and annexations received City Council approval, through signed orders of decision, at respective hearings held between January 1, 2012 and December 31, 2012. Section 3. This Ordinance shall be In full force and effect from and after its passage, approval, and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 18" day of March 2013. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 18" day of March 2013. Garret Nancolas, Mayor ATTEST: Debbie Geyer, ,--j OF C4 l r�o rk cr,� lAN1S = 00081182 ISO" ��- r QUESTIONS OR DISCUSSION (NEUTRAL) PUBLIC HEARING Case No. OA-151-13 A request by the Caldwell Planning and Zoning Department to amend the current Caldwell Zoning Map and Official Comprehensive Plan Map - SIGN -UP SHEETS FOR PUBLIC HEARING No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS C C'3 IN FAVOR (IN SUPPORT) PUBLIC HEARING Case No. OA-151-13 A request by the Caldwell Planning and Zoning Department to amend the current Caldwell Zoning Map and Official Comprehensive Plan Map. SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS OPPOSITION (AGAINST) PUBLIC HEARING Case No. OA-151-13 A request by the Caldwell Planning and Zoning Department to amend the current Caldwell Zoning Map and Official Comprehensive Plan Map. SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS BOOK 54 i PAGE 23 REGULAR MEETING March 18, 2013 7:00 P.M. The Mayor asked that everyone stand for the invocation led by Reverend Norm Geyer of Hearts for Hospice and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna, Hopper, Callsen, and Pollard. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Presentation of awards k Chiefgood of the Caldwell Police Department Chief Allgood presented awards to Officers Dale Schreiver, Brent Watson, and Jeff Cordell. Officers Schreiver and Cordell each were awarded a silver star for their acts of heroism in association with a Canyon County manhunt incident which took place on October 23, 2412. Officer Watson was awarded the life saving award for his intervention in saving the life of a female citizen on September 25, 2012. Chief Allgood expressed his appreciation to the Caldwell Police Department officers for their outstanding accomplishments throughout the year in service to the community. He noted that they routinely put their lives at risk, become involved in violent encounters, respond to unknown situations, and come in contact with violent criminals on a daily basis. He stated that he is honored to be associated with such a wonderful and courageous group of people. The Mayor reported that the Caldwell Police Department had an excellent rating of 54% crime case closures for the year 2012. He explained that once a crime takes place, the CPD is successful in finding the perpetrator and bringing the case forward for justice. This is a very high rate for completion of cases. He congratulated those who received awards tonight. B. Presentation 10 Deputy ChiefDonahu_e Chief Wendelsdorf awarded Deputy Chief Donahue with his graduation certificate for completion of the Executive Fire Officer Course from the National Fire Academy. C. Presentations by members oflhe Mayoras Youth Advisory Council Savanna Mesch, Riley Johnson, and Kelli Warwick presented reports concerning their recent trip to Washington, D.C. to attend the National League of Cities Congressional Cities Conference. Each of them expressed their sincere appreciation to Council for the privilege of attending the conference. Councilman Pollard requested that a copy of the White Paper which was written by the attendees be made available to the Council Members. The Mayor stated that this information would be forwarded to Council. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to amend the agenda by adding Item #1-A to New Business to read as follows: "Consider Resolution to execute a corrected Relocation Agreement and Confirmation Deed with the Bureau of Reclamation for the Notus Canal (Contract No. 9-07-11-L1384)"; add under the Executive Session Subsection (c) for the purpose of discussing acquisition or interest in real property; and remove Item #5 from under the Consent Calendar." MOTION CARRIED REASON: It was noted that the information associated with New Business Item I -A was forwarded to the Mayor for signature; however, as determined by the City Attorney, this item requires City Council approval. Also, Item #5 under the Consent Calendar was removed due to the fact that this item is associated with New Business Item tit, which will be withdrawn per the request of the applicant. AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the City Council Meeting held on March 4, 2013; the Caldwell Housing Authority Meeting held on February 11, 2013; the Caldwell Public Library Board Special Meeting held on February 13, 2013; the Youth Master Plan Committee Meeting held on February 20, 2013; the Caldwell Industrial Airport Commission Meeting held on March 7, 2013; and the Senior Center Board Meeting held on March 11, 2013; 2. Approve Order of Decision for Case No. SUBPUD-205E-10 (Whitney Springs Subdivision #3 Time Extension); 3. Approve Resolution No. 24-13 authorizing the execution of the Notice of Endorsement and Participation in the Implementation of the Canyon County Multi -Jurisdiction All Hazard Mitigation Plan; 4 I 0 BOOK 54 ti PAGE 24 4. Approve Resolution No. 25-13 authorizing the disposition of excess surplus property from the Caldwell Parks Department; 5. Approve Resolution accepting an Easement for Utilities from Freehold Development in connection with the vacation of Sky Ranch Business Center Phase 3; (Removed from agenda] 6. Approve Resolution No. 26-13 accepting the Award of Bid for the 2013 Miscellaneous Paving Contract not to exceed $300,000; 7. Approve Resolution No. 27-13 accepting the Award of Bid for the Skyway Street Extension Concrete Work to Top Concrete in the amount of$50,776.50; 8. Request from the City Clerk to destroy semi -permanent files from the Human Resource Department pursuant to the City of Caldwell Records Policy. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Callsen, Pollard, Blacker, Ozuna, and Hopper.. Those voting no: none_ Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: None. NEW BUSINESS: (RECOMMENDATION FROM MAYOR NANCOLAS FOR A CITY COUNCIL MEMBER TO REPLACE COUNCILMAN CLARK [SEAT #6]) The Mayor explained the selection process which was followed in filling the open position: • The public was invited to submit applications. • Twelve (12) letters of interest were received. • An interview committee was created to include members from the community. • All candidates were interviewed by the Committee and ranked based on both their application (indicating their education and prior experience) and response to the interview questions. • Two candidates were then recommended by the interview committee as the top candidates for filling the City Council position. • The final interview of the top two candidates (Terrence Biggers and Carlos Soriano) was conducted by the Council President (Jim Blacker) and the Mayor. The Mayor announced the recommendation of Terrence Biggers to be appointed to Council Seat #6 vacated by David Clark. MOVED by Pollard, SECONDED by Callsen to accept the recommendation of Terrence Biggers as the City Council Member to fill City Council Seat 46. Comments in support of the process to select the new Council Member and the motion appointing Mr. Biggers were made by Council Members Hopper and Blacker. Roll call vote. Those voting yes: Pollard, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. The Mayor performed the Oath of Office for Mr. Biggers. MOTION CARRIED Mr. Biggers expressed his appreciation to be representing the citizens of Caldwell. He introduced his wife, Tina, and acknowledged family and friends who were also in attendance, (CONSIDER RESOLUTION NO. 28-13 AUTHORIZING THE EXECUTION OF A CORRECTED RELOCATION AGREEMENT AND CONFIRMATION DEED WITH THE BUREAU OF RECOMMENDATION (CONTRACT NO.9-07-11-1,1384]) Brent Orton, 621 Cleveland Boulevard, presented the staff report and recommended approval of the recommendation. MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 28-13. Roll call vote. Those voting yes: Callsen, Pollard, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ([QUASI-JUDICIAL] PUBLIC HEARING: CASE NO. VAC-01-13, A REQUEST BY THE CITY OF CALDWELL, CALDWELL EAST URBAN RENEWAL AGENCY, AND FREEHOLD DEVELOPMENT LLC TO COMPLETELY VACATE ALL PORTIONS OF SKY RANCH BUSINESS CENTER PHASE 3 SUBDIVISION PLAT, INCLUDING ALL PLATTED AND DEDICATED RIGHT-OF-WAY LOCATED WITHIN SAID PLAT KNOWN AS SLIPSTREAM WAY, WHICH WAS CASE NO. SU13-106F(3)-04, LOCATED ON THE WEST SIDE OF SLIPSTREAM WAY, THE EAST SIDE OF SMEED PARKWAY, AND APPROXIMATELY 1,475 FEET NORTH OF LINDEN ROAD. UPON THE RECORDED ORDER OF DECISION FOR THE VACATION, ALL PLATTED LOTS. PLATTED EASEMENTS, AND PLATTED BOOK 54 PAGE 25 RIGHT -OF -WAX SLIPSTREAM WAY THAT WERE PART OF SKY RANCH BUSINESS CENTER PHASE 3 SUBDIVISION WILL CEASE TO EXIST) Anne Marie Skinner reported that this item has been withdrawn by the applicant. No action was taken. ([QUASI UDICIALJ PUBLIC HEARING: CASE NO. ZON-82-131SUP-35643, A REQUEST BY CALDWELL EAST URBAN RENEWAL AGENCY, FREEHOLD DEVELOPMENT LLC, AND THE CITY OF CALDWELL FOR A COMPREHENSIVE PLAN MAP AMENDMENT FROM COMMERCIAL TO INDUSTRIAL ON APPROXIMATELY 24 ACRES LOCATED ON THE EAST SIDE OF SMEED PARKWAY, THE SOUTH SIDE OF SKYWAY DRIVE, AND APPROXIMATELY 1,328 FEET NORTH OF LINDEN ROAD. ALSO REQUESTED IS A REZONE FROM C-2 COMMUNITY COMMERCIAL TO M-1 LIGHT INDUSTRIAL ON APPROXIMATELY 22 ACRES AND A REZONE FROM C-3 SERVICE COMMERCIAL TO M- 1 LIGHT INDUSTRIAL ON APPROXIMATELY 24 ACRES, ALL LOCATED ON THE EAST SIDE OF SMEED PARKWAY, THE SOUTH SIDE OF SKYWAY DRIVE, AND APPROXIMATELY 1,328 FEET NORTH OF LINDEN ROAD. ALSO REQUESTED IS A SPECIAL USE PERMIT TO CONSTRUCT BUILDINGS UP TO 70 FEET IN HEIGHT ON THE ABOVE -DESCRIBED PROPERTIES) The Mayor declared the hearing open and asked that the City Clerk Debbie Geyer swear in those who would be providing public testimony, Councilman Hopper disclosed that he serves as a member on the Urban Renewal Agency Board but noted that this involvement does not present a conflict of interest in deciding merits on this case. He stated, however, that he will refrain from making any motions or any advocacy on the item itself. Anne Marie Skinner, 621 Cleveland Boulevard, acknowledged being sworn in and presented the staff report. She noted that the applicant for the request is the Caldwell Planning & Zoning Department. The subject parcels are currently zoned a combination of C-2 Community Commercial and C-3 Service Commercial. The parcels that are zoned C-2 Community Commercial also have a commercial designation on the Comprehensive Plan Map. The parcels that are zoned C-3 Service Commercial have an Industrial designation on the Comprehensive Plan Map. Surrounding uses and zones, for the most .part, are industrial. The applicant has requested that approximately 24 acres located on the east side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road be rezoned from Commercial to Industrial. The property owned by Caldwell East Urban Renewal Agency already has an industrial designation on the Comprehensive Plan Map but is zoned C-2 Community Commercial. The request includes the zone change of both the Urban Renewal Agency property and Freehold Development properties from commercial to M-1 Light Industrial. Ms. Skinner continued that both properties are bare ground. Parcels to the north of the subject properties are zoned C-2 and used for offices and a park. Parcels located south of the subject properties are zoned M- 1 and have an industrial designation on the Comprehensive Plan Map, parcels east of the property are zoned R-3 and currently used for agriculture, and parcels west of the subject property is zoned M-I with an industrial designation on the Comprehensive Plan Map. The property sits in the Foreign Trade Zone. In order to utilize all of the benefits of the FTZ zone, the Property must be used for industrial, manufacturing, or warehousing in use. None of those uses are allowed in a commercial zone; thus, the need to rezone the property to M-1 Light Industrial is necessary. Additionally, the rezone will make the property much more consistent with the surrounding uses and zones to the west and to the south which are industrial in use and zone. The case was noticed to all public agencies with only Pioneer Irrigation District responding. Tlth Hearing Examiner heard the case and recommended approval of the rezone and approval of the Comprehensive Plan Map designation on March 12, 2013. The Hearing Examiner also approved the Special Use Permit request to exceed the maximum height of 45 feet and permit construction of buildings up to 70 feet in height. In response to questions from Councilman Callsen, Ms. Skinner stated that the 70-foot height allowance does not conflict with the airport fly zone restrictions as established by FAA. MOVED by Pollard, SECONDED by Blacker to close the public testimony portion of the hearing. EVIDENCE LIST FOR CASE NO, ZON-82-13+SUP-356-13: MOTION CARRIED The Mayor presented the Evidence List: staff report and the sign-up sheets. MOVED by Pollard, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-82-13/SUP-356-13: MOVED by Pollard, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report. MOTION CARRIED BOOK 54 FINDINGS OF FACT ON CASE NO. ZON-82-13/SUP-356-13: PAGE 26 MOVED by Ozuna, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list that was presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-82-13/SUP-356-13: MOVED by Pollard, 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. ZON-82-131SUP-356-13: MOVED by Callsen, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ZON-82-13, a request by Caldwell East Urban Renewal Agency, Freehold Development LLC, and the City of Caldwell for a comprehensive plan map amendment from Commercial to Industrial on approximately 24 acres located on the east side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road, is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Callsen, Pollard, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ZON 82 13;'SUP-356-13: MOVED by Callsen, SECONDED by Ozuna to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list that was presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-82-131SUP-356-13: 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 ZON 82-13'SUP-356-13: MOVED by Callsen, SECONDED by Blacker Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Mayor and City Council that Case No. ZON-82-13, a request by Caldwell East Urban Renewal Agency, Freehold Development LLC, and the City of Caldwell for a rezone from C-2 Community Commercial to M-1 Light Industrial on approximately 22 acres and a rezone from C-3 Service Commercial to M-1 Light Industrial on approximately 24 acres, all located on the east side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Callsen, Pollard, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard, SECONDED by Blacker to close the public hearing. MOTION CARRIED ({LEGISLATIVEI PUBLIC HEARING. CASE NO.OA-151-13 A REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND THE CURRENT CALDWELL ZONING MAP AND OFFICIAL COMPREHENSIVE PLAN MAP) The Mayor declared the public hearing open. Anne Marie Skinner presented the staff report concerning the current Zoning Map and official Comprehensive Plan Map and recommended approval. She noted that last year a portion of the polygon lines on the Comprehensive Plan Map were not correctly following the property boundary lines on some parcels located north of Caldwell. The map has now been corrected to reflect these changes. MOVED by Hopper, SECONDED by Pollard to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 1 [ORDINANCE NO. 29221 FOR CASE NUMBER OA-151-13 (ZONING MAP AMENDMENT) WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE ADOPTING AN AMENDED ZONING MAP THAT SUPERSEDES AND REPLACES THE OFFICIAL ZONING MAP ASaPTED BY' THE CITY OF CALDWELL ON MARCH 19, 2012. Cc BOOK 54 i'ACiF 21 MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. I (Ordinance No. 2922) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. I (Ordinance No. 2922), move for its passage - Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna, Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER RESOLUTION NO. 29-13 ADOPTING THE AMENDED CALDWELL COMPREHENSIVE PLAN MAP) The Mayor read the Resolution No. 29-1.3 by title only: RESOLUTION ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CITY OF CALDWELL COMPREHENSIVE PLAN MAP. MOVED by Hopper, SECONDED by Pollard to approve Resolution No 29-13 adopting the amended City of Caldwell Comprehensive Plan Map. MOTION CARRIED GLEGISLATIVE] PUBLIC HEARING: -CASE NO.OA-152-13 A REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND THE SUBDIVISION ORDINANCE BY ADDING PROVISIONS FOR SIMPLE LOT/PARCEL SPLITS AND TO AMEND THE PLANNED UNIT DEVELOPMENT ORDINANCE BY MODIFYING THE ALLOWANCES FOR LAND USES NOT OTHERWISE ALLOWED IN THE UNDERLYING ZONE) The Mayor declared the public hearing open and reported that a City Council Workshop was previously held concerning this subject. Anne Marie Skinner, 621 Cleveland Boulevard presented the staff report and outlined the facts as written. She noted that the fast portion of the ordinance deals with Chapter 10, Article 3, and Section 7 of the City Code, which is the Planned Unit Development Ordinance. It states that no industrial uses of any kind are allowed in any residential zone or in any planned unit development that has residential use, regardless of the zoning classification. The second portion of the ordinance dears with Chapter l I of the City Code which is the Subdivision Ordinance. This amendment would allow a simple lot split process. Currently no such process exists. This ordinance simplifies the process when a property owner wants to split their property. An applicant would be allowed to split a parcel up to four times, which follows the State Code for subdivisions. The lots must meet zoning lot size, density, and set -back requirements. Discussion followed concerning the proposed text amendments. MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 3 ]ORDINANCE NO. 29241 FOR CASE NUMBER OA-152-13 ]PUD AND SUBDIVISION ORDINANCE AMENDMENTI 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 AMENDING CHAPTER 10, ARTICLE 3, SECTION 7 OF THE: CALDWELL CITY CODE, WHICH IS THE PLANNED UNIT DEVELOPMENT ORDINANCE, AND ALSO AMENDING CHAPTER 11 OF THE CALDWELL CITY CODE WHICH IS THE SUBDIVISION ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to accept the reading by title only of Ordinance No. 2924 as the first reading for Bill No. 3. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED C, 0 BOOK 54 (FINANCE AND HUMAN RESOURCE REPORTS) PAGE 28 Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,099,487.97 for the period ending March 8, 2013 and net payroll in the amount of $269,391.96 for the pay period ended February 23, 2013. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $.1,098,487.97 represented by check numbers 92194 through 92487 and the total payroll in the amount of $269,391.96 represented by check numbers 24933 through 24966 payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard complimented all of the partners that sponsored and organized the Roger Brooks Conference last week. He noted that Councilmen Pollard, Biggers, and Blacker attended the conference. It was a great conference with outstanding information and ideas presented. The downtown merchants have been discussing possible changes to the downtown after attending the conference. Councilman Hopper reported that he thoroughly enjoyed the National League of Cities Conference and connecting with members of the Mayor's Youth Advisory Council. The Mayor expressed his appreciation for Councilman Hopper's attendance at the conference. Council Member Ozuna welcomed Mr. Biggers. Councilman Blacker stated that the Roger Brook's Conference was exceptional. He noted that he was contacted by a business owner who would like to have access to water for planters on the corner of Arthur and Kimball. Mr. Orton stated that he would research this'matter for the business owner. Councilman Biggers expressed his appreciation for the Roger Brook's Conference and the ideas that were given. The conference brought to light some things that could be improved in our downtown area. He expressed his thanks to the Council Members for the kind comments welcoming him to the position. (MAYOR'S COMMENTS) The Mayor reported that Les Summer, a long time resident and business member of the community, passed way. The funeral will be held on Thursday. More information will be provided to the Council Members from the City Clerk concerning the location and time of the funeral. He expressed his condolences to the family. The Mayor reported that the seven members of the Mayor's Youth Advisory Council who attended the National League of Cities Conference did a phenomenal job. He noted that the MYAC fund raiser dinner recently held at the College of Idaho was very successful a little over $18,000 was raised which helped fund traveling expenses for the MYAC members. He also expressed thanks to the corporate partners for their kind and generous donations for the MYAC. Human Resource Director Monica Jones has created a Request for Quotes (RFQ) for health care benefit management services. Ms. Jones will be distributing the RFQ: Currently Morton and Company provides this service to the City. The RFQ is available in the HR Department for anyone desiring to review the document. Recommendations concerning the results of the RFQ will be made available to Council in the near future. The Mayor outlined topics that were discussed at the National League of Cities Conference. Topics that were highly discussed dealt with the proposal by the administration to do away with tax exempt bonds for municipalities; the issue of on-line sales tax and the fact that it has not been collected; infrastructure fnancing/EPA-MSA Permit process; and immigration matters. Gun control issues were not discussed as a priority topic. Calendar Events: March 20 Mayor's Youth Advisory Council Meeting March 21 The Mayor will be teaching the American Government Class at Vallivue High School. He invited Council Members to join him, if available. April 6 Local Legends Concert at O'Connor Event Center. This is a fund raising effort for the Idaho Youth Games. They are in need to additional acts for this event. Please contact Susan Miller if you would like to participate. April Chief Wendelsdorf and the Mayor will be attending the Fire Labor Relations Institute Seminar. o BOOK 54 PAGE 29 (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE 1S A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION AND SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING ACQUISITION OR INTEREST IN REAL PROPERTY) MOVED by Pollard, SECONDED by Blacker to convene into Executive Session pursuant'to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 8:32 p.m. Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to reconvene into Regular Session. MOTION CARRIED MOVED by Callsen, SECONDED by Ozuna to adjourn at 9.10 p.m. MOTION CARRIED APPROVED AS written THIS 1" _ DAY OF_ April 2013, Mayor Councilpt:rson gcilp.rson s Co ci] erson ATTEST: .e0 OF Cq'a, oltp City Clerk = FoS gpp o %�-CC'DUNTY ..•'.•`. L AGENDA REGULAR CITY COUNCIL MEETING MARCH 18, 2013 AT 7:00 P.M. INVOCATION OFFERED BY REVEREND NORM GEYER OF HEARTS FOR HOSPICE. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATION. A. Presentation of awards by Chief Allgood of the Caldwell Police Department. ADDITIONS OR DELETIONS TO THE AGENDA. AUDIENCE PARTICIPATION. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the City Council Meeting held on March 4, 2013; the Caldwell Housing Authority Meeting held on February 11, 2013; the Caldwell Public Library Board Special Meeting held on February 13, 2013; the Youth Master Plan Committee Meeting held on February 20, 2013; the Caldwell Industrial Airport Commission Meeting held on March 7, 2013; and the Senior Center Board Meeting held on March 11, 2013; 2. Approve Order of Decision for Case No. SUBPUD-205E-10 (Whitney Springs Subdivision 43 Time Extension); 3. Approve Resolution authorizing the execution of the Notice of Endorsement and Participation in the Implementation of the Canyon County Multi -Jurisdiction All Hazard Mitigation Plan; 4. Resolution authorizing the disposition of excess surplus property from the Caldwell Parks Department; 5. Resolution accepting an Easement for Utilities from Freehold Development in connection with the vacation of Sky Ranch Business Center Phase 3; 6. Approve the Award of Bid for the 2013 Miscellaneous Paving Contract not to exceed $300,000; 7. Approve the Award of Bid for the Skyway Street Extension Concrete Work to Top Concrete in the amount of $50,776.50; 8. Request from the City Clerk to destroy semi -permanent files from the Human Resource Department pursuant to the City of Caldwell Records Policy. OLD BUSINESS: None. NEW BUSINESS: 1. Recommendation from Mayor Nancolas for a City Council Member to replace Councilman Clark (Seat 46). 2. (Quasi-judicial) Public Hearing: Case No. VAC-01-13, a request by the City of Caldwell, Caldwell East Urban Renewal Agency, and Freehold Development LLC to completely vacate all portions of Sky Ranch Business Center Phase 3 Subdivision plat, including all platted and dedicated right-of-way located within said plat known as Slipstream Way, which was Case No. SUB-106F(3)-04, located on the west side of Slipstream Way, the east side of Smeed Parkway, and approximately 1,475 feet north of Linden Road. Upon the recorded Order of Decision for the vacation, all platted lots, platted easements, and platted right-of-way Slipstream Way that were part of Sky Ranch Business Center Phase 3 Subdivision will cease to exist. 3. (Quasi-judicial) Public Hearing: Case No. ZON-82-13/SUP-356-13, a request by Caldwell East Urban Renewal Agency, Freehold Development LLC, and the City of Caldwell for a comprehensive plan map amendment from Commercial to Industrial on approximately 24 acres located on the east side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road. Also requested is a rezone from C-2 Community Commercial to M-1 Light Industrial on approximately 22 acres and a rezone from C-3 Service Commercial to M-1 Light Industrial on approximately 24 acres, all located on the east side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road. Also requested is a special use permit to construct buildings up to 70 feet in height on the above -described properties. 4. (Legislative) Public Hearing: Case No. OA-151-13 a request by the Caldwell Planning and Zoning Department to amend the current Caldwell Zoning Map and Official Comprehensive Plan Map, 5. Consider Bill No. I (Ordinance No. 2922) for Case Number OA-151-13 (Zoning Map amendment) with a request to waive the rules and pass on the first reading. 6. Consider Resolution adopting the amended Caldwell Comprehensive Plan Map. Page 1 of 2 Qsi - 3 7. (Legislative) Public Hearing: Case No. OA-152-13 a request by the Caldweil Planning and Zoning Department to amend the subdivision ordinance by adding provisions for simple lot/parcel splits and to amend the planned unit development ordinance by modifying the allowances for land uses not otherwise allowed in the underlying zone. 8. Consider Bill No. 3 (Ordinance No. 2924) for Case Number OA-152-13 (PUD and Subdivision ordinance amendment) with a request to waive the rules, pass on the first reading, and approve the summary for publication. 9. Financial and Human Resource Report. 10. Council Reports. 11. Mayor's Comments. 12. Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (0 for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation. 13. Adjourn. Neat Regular City Council Meeting is on Monday, April 1, 2013 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 #455-4656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.citvofcaldwell.com. Cualquier persona necesitando comodidades especiales pare participar en la reunion debe contactar al Vendedor de Ciudad en 411 Blaine St. o llame a #455-4656 antes de la reunion. Page 2 of 2