HomeMy WebLinkAboutCity Council-^
CITY COUNCIL
SUBN,4ITTED BYDATE
-D1Ka\\4
1-2 5'o7LUA\q.- 6'fl
1-C-LQ--3 Jr/,ku4 tlmil
q-['0\(\L-
(-/\-
ITEI\X
&--e
ftffi
l---_
)a
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.28OO
AN ORDINANCE ENACTED BY THB CALDWELL CITY COUNCIL AMENDING CHAPTER 13, ARTICLE 5 OF CITY
CODE CONCERNING THE ACCESS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RBSOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITI{.
Section 1: Amends Chapter 13, Article 5 of the CaldwellCity Code, concerning the access ordinance, as follows:
(l) l3-05-09(2X2)(b): ESTABLISHMENT OF ACCESS CONTROL STANDARDS: I-84 BL Cleveland Boulevard: 21"
Avenue to Homedale Road
Deletes the following verbiage; Existing access points may rcmain utltil redevelopntent of lhe site servecl. Replaces the
deleted verbiage with the following: See subsection-2H of this section for regulations reearding existing approaches.
Section 2: Repeals conflicting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shall be in flrll force and effect from and after its passage, approval, and ptrblication, according
to larv.
Section 4: Provides for severability.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LECAL ADVISOR
I have revierved the foregoing surnnlary and believe
that it provides a lrue arrd courplete summary of Ordinance
No. 2800 and provides adequate notice to the public as to
the contents ofsuch ordinance,
DATED this 8'r' day of September 2009.
Mark Hilty, Attolney for City of Caldwell
Ordinance No. 2800 provides an effective date, rvhich shall be when published in the ldaho Press Tribune on the l5d' day of
Septernber 2009. Ordinance No. 2800 was passed by the Council and appioved by the Mayor on the 8th day of September 2009. The
full text of the Ordinance is available at Caldrvell Planning and Zoning,62l Cleveland Boulevard, Caldrvell, Idaho. The Mayor and
City Council approved the foregoing summary on the 8tr' Jay of September 2009 for publication on the l5h day of Septernbcr 2009,
pursuant to Idaho Code 50-90 I A.
)a
ORDINANCES OF THB CITY OF CALDWBLL
NOTICE OFADOPTION AND SUMMARY OF
ORDINANCE NO.28OO
AN ORDINANCE ENACTED BY THB CALDWELL CITY COUNCIL AMENDING CHAPTER I3I ARTICLE 5 OF CITYCoDE cONcERNtNG THE ACcESs ORDINANCEi PROVIDING FoR AN EFFECTIVE DATE; pRoyrDrNG FORSEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF INCONFLICT HEREWITH.
Section l: Amends Chapter 13, Article 5 of the Caldwell City Code, concerning the access ordinance, as follo1.s:
(l) l3-05-09(2X2Xb): ESTABLISHMENT OF ACCESS CONTROL STANDARDS: I-84 BL Clevetand Boulevard: 2tst
Avenue to Hornedale Road
Deletes the following.velbilge, Existing access points ma)' ,.enrain until redevelopttrent of the site servecl. Replaces the
deleted verbiage with the following: See subsection 2H of this section for reeulationsiegarding existine approaches.
Section 2: Repeals conflicting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shatl be in fi.rll force and effect from and after its passager approval, and publication, according
to larv.
Section 4: Provides for severability.
Ordinance No. 2800 provides an effective date, rvhich shall be rvhen published in the Idaho press Tribune on the l5d day of
September 2009. Ordinance No. 2800 was passed by the Council arrd appioved by the Mayor on the 8rh day of Septerlber ZOOg. thefull text of the Ordinance is available at Caldrvell PJannilg and Zoning,'eZt Clevetana BJulevard, Caldrvill, Idaho. The Mayor andCity Council approved the _foregoing sururnary on the 8tl' day of septe-mber 2009 for publication on rtre tsm'Uay "f s.pt.ri" r 2009,pursuant to Idaho Code 50-901A.
Mayol Garret L, Nancolas
ATTEST: Debbie Geyer, Ciry Clerk
STATEMENT OF LECAL ADVISOR
I haye revierved the foregoing summary and believe
that it provides a true and courplete suntmary of Ordinance
No. 2800 and provides adequate
the contents ofsuch ordinance,
notice to the public as to
DATED this 8'h day of Septenrber 2009.
Mark Hilty, Attorney for City of Caldwell
I
ea
QUESTIONS OR DISCUSSION (NEUTRAL)
PUBLIC HEARING
Case Number OA-117-09
A request by the Engineering Department and the Planning and Zoning
Department for an ordinance amendment to Chapter 13, Article 5, concerning
the access ordinance, of the Caldwell City Code
SIGN-UP SHEETS FOR PUBLIC HEARING
No person sha!! 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
tO
rN FAVOR (rN SUPPORT)
PUBLIC EARING
Case Number OA-117-09
A request by the Engineering Department and the planning and Zoning
Department for an ordinance amendment to Chapter 13, Article 5, concerning
the access ordinance, of the Caldwell City Code
SIGN-UP ETS FOR PUBLIC S
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 i
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 willbe true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
NAME ADDRESS
at
OPPOSTTTON (AGATNST)
PUBLIC HEARING
Case Number OA-117-09
A request by the Engineering Department and the Planning and Zoning
Department for an ordinance amendment to Chapter 13, Article 5, concerning
the access ordinance, of the Caldwell City Code
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
T a
The Mayor presented the following items on the Consent Calendar for approval by Members of the
City Council:
l. Approve acceptance of the minutes from the Regular City Council Meeting held on August 11 ,2009
and theFriendsoftheCaldwellDepotMeetingsheldonJunelS,2009andJulyl6,2009;
2. Approve Order of Decision for Case Number SUB-159(E)-06 (Aspen Falls time extension);
3. Approve Resolution No. 126-09 accepting the dedication of sewer, water, and storm drain
improvements from Centennial Baptist Church;
4. Approve Resolution No. 127-09 accepting an Easement from Canyon County for a domestic water
main line at 6107 Craye Lane;
5. Approve Resolution No. 128-09 accepting an Easement from Sky Ranch Development, LLC for a
domestic water main line at Sky Ranch Development, LLC;
6. Approve Resolution No. 129-09 accepting a Warranty Deed from Todd Knie and Betry Knie for
properry located at 815 West Plymouth Street;
7 . ipi.or" Resolution No. 130-09 authorizing the execution of the 2009 Catdwell Airport Master Plan
Consultant Planning Services Contract with Coffman Associates/l(imley-Hom;
8. Approve Resolution No. 131-09 authorizing the execution of the Pictometry Agreement with
Canyon County;g. Appiove Resolution No. 132-09 authorizing the execution of the Joint Exercise of Power
Agieement and the Joint Exercise of Power and Interagency Agreement with the Caldwell Rural
Fire Protection District;
10. Approve Resolution No. 133-09 authorizing the execution ofthe Independent Contractor Agreement
witir John Schiebout (DBA: Little Kicks Taekwondo) for instructional services;
ll. Approve Resolution No. 134-09 authorizing the submittal and acceptance olthe FY-2010 FAA
Funding Grant in the amount of$95,100;
12. Approvi the appointment of Jennifer Bamrs to the Caldwell East Urban Renewal Agency Board as
the representative from the Vallivue School District.
MOVED by Oates, SECONDED by Blacker to approve the consent calendar as published.
BOOK s0 PAGE 119
REGULAR MEETING
SEPTEMBER 8,2009
7:00 P.M.
The Mayor reported that a public workshop was held at 6:00 p.m. for the purpose of discussing the yearly
priority ieview of COMPASS facilitated federal funding projects. No decisions were made or action taken
at the workshop.
The Mayor asked that everyone stand for the invocation lead by Pastor Phil Bohlken ofthe Grace Lutheran
Church and to remain standing for the Pledge ofAllegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan, and Sobba.
SPECIAL PRESENTATIONS
The Mayor acknowledged Officers Larry Hemmert and Joe Whilden of the Caldwell Police
Department as employees of the month for July 2009. Both officers were recognized for their
demonstrating outstanding work ethic in combating street gangs and narcotics with the Caldwell Street
Crimes Unit. He also acknowledged Sandy Brooks of the Caldwell Police Department as employee of
the month of August 2009 for her outstanding efforts in coordinating the Caldwell Police Senior
TRIAD volunteer program. Each recipient was presented with a plaque from Mayor Nancolas.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to amend the agenda by adding an Executive Session
pursuant to Idaho Code 6'l-2345, Section 1(f) for the purpose of discussing pending litigation and
Section l(a) for the purpose ofconsideration ofhiring a public employee.
Those voting yes: unanimous
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
Those voting yes: unanimous.
OLD BUSINESS:
None.
MOTION CARRIED
C (-A
BOOI( 50 PAGE 120te
NEW BUSINESS:
(CONSIDBR BILL NO. 24 [OnDINANCE NO. 28061 FOR THE ANNEXATION Ol',- A
PORTION OF PROPERTY WITHIN THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT KNOWN AS SKYWAY BUSINESS PARK SUBDIVISION (INST. NO. 200329590)
WITH A REQUf,ST TO WAIVE THf, RULES AND PASS ON THE FIRST READING)
The Mayor read the ordinance 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 BOIJNDARIES THEREOF; DIRECTING THE CITY ENG]NEER 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.
24 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, 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. 24 and move for its passage.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and oates. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI.JUDICIALI: CASE NUMBER DAN-04-09 A REQUEST BY
TOWN RANCH, LP AND SUSAN WILDWOOD FOR DE-ANNEXATION OF I.56 ACRES OF
LAND OUT OF THE CITY. THIS SITE IS LOCATED AT IO34O HWY 20126)
Those voting yes: unanimous.
EVIDENCE LIST FOR CASE NO. DAN-04-09:
MOTION CARRIED
The Mayor outlined the quasi-judicial pubtic hearing process and asked the City Clerk to swear in those
who would be giving public testimony. The Mayor declared the public hearing open'
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and presented the staffreport.
She noted that the subject property was inadve(ently and incorrectly annexed as a portion ofthe Eagle
Rock Subdivision in Decernber 2006 and as a portion ofthe Lakemont Subdivision in January 2008.
The owner did not give consent for the subject property to be affiexed into the City of Caldwell. At
the time of the annexation, the property was owned by the Union Pacific Railroad but has now been
purchased by Town Ranch LP. The property includes a portion of the railroad line and approximately
3,000feet north of Highway 20 D6. Statr recommends approval of the request'
Susan Wildwood speaking as the representative for Town Ranch LP,2533 North 26'h Street, Boise,
acknowledged being sworn in and spoke in favor of the request. She referenced her letter, which was
submitted;ith the application, giving a detailed explanation for the de-annexation'
Cal Lowe, 10340 Highway 20-26, signed up in favor ofthe request but did not speak'
MOVED by Oates, SECONDED by Hopper to close the public testimony portion of the hearing.
The Mayor presented the Evidence List: staffreport, short plat, and sign-up sheets'
MOVED by Hopper, SECONDED by Oates to accept the Evidence List as presented'
Those voting yes: Unanimous.
MOTION CARzuED
FINDINGS OF FACT ON CASE NO. DAN.O4.O9:
MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report,
the public iestimony that was given in this rnatter, the evidence list that was approved, and note that
there was no opposition to the de-annexation request.
Those voting yes: unanimous.
MorloN CARRIED
CONCLUSIONS OF LAW ON CASE NO. DAN.O4-09:
MOVED by oates, SECONDED by Blacker 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 ofapplicable state codes and local ordinances'
t
o
BOOK a50 PAGE 121
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. DAN-04.09:
MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. DAN-04-09, a request by Town Ranch,
LP and Susan Wildwood for de-annexation of 1.56 acres is approved with conditions as stated within
the staffreport.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
Mark Hilty reported that the de-annexation requires an ordinance pursuant to Idaho Code 5225 to
complete the process. The ordinance will be prepared and presented to Council at the next Regular
City Council Meeting to be held on September 21,2009. He noted that presentation ofthe ordinance
does not require an additional public hearing.
(PUBLIC HEARING [QUASI-JUDICIALI: CASE NUMBER SUB-201P-09 A REQUEST BY
BH CALDWELL LLC, MATTIIIAS KELLMER, AND LANDMARK ENGINEERING AND
PLANNING FOR PRELIMINARY PLAT APPROVAL OF CALDWELL COMMONS
SUBDIVISION CONSISTING OF 10.78 ACRES AND 23 BUILDABLE LOTS IN A C-3
SERVICE COMMERCIAL ZONE LOCATED AT THE NORTHEAST CORNER OF
CLEVELAND BOULEVARD AND USTICK ROAD)
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staffreport.
The subject property consists of two parcels - one with an address of 5023 Cleveland Blvd. and the
other is a vacant parcel. One full approach on Ustick is proposed as well as a full approach and a right-
in/right-out approach on Cleveland Boulevard. She noted that the submitted landscaping plan indicated
the 20-foot wide landscaping buffer along Ustick and Cleveland. The parking lot landscaping plan will
be submitted with each building permit application; however, the street landscaping buffer must be
completed before the final plat is signed. Landscape buffers in between the different uses where not
required.
Ms. Skinner reported that there are two suggested changes within the staff report: Condition 9.9 to
read: "The approach locations for one right-in/right-out approach and one full approach on Cleveland
and one full approach on Ustick as shown on the preliminary plat labeled as Exhibit A-12 in the case
files, shall be adhered to. No other approaches shall be allowed."
Ms. Skinner continued by stating that on page 6 (Rights-of-way) shall read: "Cleveland Boulevard is
classified as an Arterial. The applicant/owner/developer shall be required to dedicate as public right-
of-way a 45' one-half width right-of-way (minus existing) with at least two feet between the back of
sidewalk and right-of-way line, except the two-foot requirement shall not be applicable to the area on
each side ofthe right-in/right-out approach on Cleveland due to the emergency restraints."
The Mayor labeled the aerial map presented by Ms. Skinner as CC-1000 and the document with the
suggested condition changes as CC-l001.
Clint Boyle, 332 N. Broadmore Way, Nampa, acknowledged being sworn in and spoke in favor of the
request. He stated that the revised approach plan will improve and enhance traffic circulation to the
site. A traffic study was conducted. Tenants are already being secured for the facility in accordance
with the C-3 zoning provisions.
Mr. Boyle continued: The developer has requested a revised condition conceming the water main
requirements along Ustick Road. The developer intends to extend the water line within his site from
the approach on Ustick through the parking area and back out near the intersection of Cleveland and
Ustick. There will also be connections from Cleveland Boulevard all the way to Arthur Street to
provide the desired looping per the City's requirements. The developer has requested the opportunity
to keep the existing water line at Ustick and simply supplement it with an additional parallel line that
would run internal to the project and extend to the intersection ofUstick and Cleveland.
In response to questions from Councilman Blacker, Mr. Boyle reported that the building will not be
demolished at this time. The project will be phased with the goal to proceed with the demolition in a
timely manner as approved by the lending agent.
Brent Orton, 621 Clevetand, acknowledged being sworn in. He reported that the City Code currently
requires adherence to the master plan, which calls for a l2-inch main. Research was also conducted as
to the practicalities ofhaving a parallel line to supplement the existing line. An upgrade to a 12-inch
line has already been made between l0e and Montana on Ustick. He noted that it is the intent of the
Engineering Department that as Ustick Road is widened, upgrades would be made to l2-inch lines.
BOOK 50 I
Mr. orton responded to questions fi'orn the Mayor, noting that lines along cleveland Boulevard have
il".nupgrua.dandwiltn;tneedtobedisturbed. HenotedthattTDhasagreedfortheCitytoallowan
anti-degiadation policy concerning access points for this project'
councilman caltsen asked staff to explain the affect the proposed 8-inch line would have on an
existing l2-inch line.
Mr. Orton stated that that by using a parallel line, the flow would be split and thus pass tkough two
smaller lines and then rejoin. Sorie oi problems would include insuring that there is a section which is
not smaller in diameter that would rest;ict flow or loss around bends and comers. Two 8-inch lines
wouldnothandtethesameamountofwaterasal2-inchline. An8-inchandal0-inchlinewouldbea
linear relationshiP.
Mr. Boyle stated that the paraltel line concept has not been designed at this point. Information is still
t"mg gutr,o"a from stad conceming the size of the existing line along Uslick He noted that by
,rrnTni u puruff"l line, it would elimiiate the need to put any businesses along Ustick out of service for
un.*,."na"a period ofiime during the installation phase. He raised other concerns such as the interstate
crossing requirements and waterlressure zones, and ifthe same requirements had been placed on other
new projects in the area'
ln response to questions from Councilman Callsen, Mr. Orton Stated that the intemal water mains
throujh the site would allow accommodating proper fire flow per requirements by the frre department.
He nited that engineering staff is working io risolve questions concerning the size of water lines
relative to the interstate and the Ustick interchange.
Discussion followed concerning the water main issue in relation to requirements as
-set
forth in code.
Mr. Orton suggested that th" r"quest be approved with the provision that the Code be followed'
ln response to questions from the Mayor, Mark Hilty, City Attorney, emphasized. that staff does not
have the authority to waive requirements of City Code which are imposed by ordinance' Staff could
,"ril* ,t . requirements under bity Code and see if they can find a way that is consistent with the City
ordinances to allow for parallel lines. Ifthat is not possible without an ordinance modification, then
staffand Council are noi able to proceed with that option. Therefore, ifCouncil has no problem with
purutt"t tin"r (provided that they would provide sufficient flow and not to create a bottle neck in the
lr.u *a * lon! as it is consistent with City code) then staffcould move forward accordingly.
councilman Hopper suggested that the ordinance be studied for its compatibility in accommodating
future infill development projects.
councilman callsen suggested that the applicant meet with the fire department to discuss fire safety
issues as it relates to adequate water flow.
In rebuttal, Mr. Boyle reported that Fire Department staff had submitted conunenls conceming fire
safety issues. He concurred with Councilmin Hopper conceming the need for staff to revisit the
ordinance for future use.
MOVED by Blacker, sEcoNDED by oates to close the public testimony Poftion of the hearing'
Those voting yes: unanimous. MoTloN CARzuED
EVIDENCE LIST FOR CASE NO. SUB.2OlP.O9
The Mayor presented the Evidence List: staffrePort, short ptal, sign-up sheets, cc-I000 (aerial map of
the site'as pr"sented by Ms. Skinner) and Ca-lOOl (conditions of approval as presented by Ms'
Skinner).
MOVEDbyHopper,SECONDEDbyBlackertoaccepttheEvidenceListaspresented'
Those voting yes: Unanimous. MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS ON CASE NO. SUB-2OIP'09:
MOVED by Blacker, sEcoNDED by callsen to accept tlre comprehensive Plan Analysis as presented
in the staffreport under roman number V'
Those voting yes: Unanimous. MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB.2O1P-09:
MOVED by Hopper, SECONDED by Blacker to accePt the general facts as outlined in the staff report,
,t" prUfi" iestimonythat was given ]n-this matter, thi.evidence list that was approved, and note there
*ur'* opporition io this appf,cation but merely clarification conceming the conditions dealing with
the request.
Those voting Yes: unanimous.
PAGE ,7
Qoo,.o50 PAGE 123
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB.2OIP-09:
MOVED by Oares, SECONDED by Blacker 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 ofapplicable state codes and local ordinances.
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB-2OIP-09:
MOVED by Hopper, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SUB-201P-09, a request by BH Caldwell LLC,
Matthias Kellmer and Landmark Engineering and Planning for preliminary plat approval of Caldwell
Commons Subdivision consisting of 23 buildable lots on 10.78 acres in a C-3 Service Commercial
zone is approved with the conditions as outlined in the staffreport as well as the modifications that
where mentioned in the public testimony portion and conditions per the exhibit labeled as CC-1001 as
presented by Anne Marie Skinner, as well as the recommendation from staff and the attomeyto allow
itaffto work with the request regarding water looping as long as it meets City code and to consider the
request as defined by Mr. Boyle as an infill project, thus directing staffto find a way to make this work
that includes up to recommendations regarding a change in City Code.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous
MorIoN .ARRIED
(PUBLIC HEARING IQUASI-JUDICIALI: GASE NUMBER SUB-200P-09/ZON-65-09 A
REQUEST BY HERMAN SAKIMOTO, JDL INVESTMENTS LLC, TOM MORRIS AND
PATHWAY ASSET LLC FOR A COMPREHENSIVE PLAN MAP CHANGE FROM HIGH
DENSITY RESIDENTIAL TO COMMERCIAL; A REZONE OF 0.46 ACRES FROM R-3 HIGH
DENSITY RESIDENTIAL TO C-2 COMMUNITY COMMERCIAL; AND, PRELIMINARY
PLAT APPROVAL OF KIMBALL OFFICE PARK CONDOMINIUMS SUBDIVISION
CONSISTING OF ONE COMMON LOT AND THREE UNITS LOCATED AT I2O7 AND I2II
SOUTH KIMBALL AVENUE)
Anne Marie Skinner, 621 Cteveland Blvd, acknowledged being sworn in and presented the staffreport.
She noted that the uses surrounding the site are largely commercial. There is no landscaping or parking
requirements since there is no proposed building plans at this time. Staffrecommends approval ofthe
request.
Tom Morris, 3684 N. Bunchberry Way, Boise, acknowledged being swom in and spoke in favor of the
request. The building was constructed in the late 1970's with two separate buildings connected with a
breezeway. He noted that the request includes approval to construct a third building on the site,
although there is not a footprint to constnict the unit at this time.
Hemran Sakimoto, l2o7 S. Kimball, acknowledged being swom in but did not give testimony.
Jeff Larson, 12 I I S. Kimball, acknowledged being sworn in but did not give testimony.
Larry Holener, 2963 Fieldstream, acknowledged being sworn in but did not give testimony.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB.2OOP.O9/ZON-65-09:
The Mayor presented the Evidence List: staff report, short plat, sign-up sheets, and CC-1000 (aerial
map as presented by Anne Marie Skinner).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented'
Those voting yes: Unanimous.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS ON CASE NO. ZON.65-09:
MOVED by Hopper, SECONDED by Callsen to accept the comprehensive Plan Analysis as presented
in the staff report under roman number V
Those voting yes: Unanimous.
MOTION CARRIED
BOOK 50 PAGE 124
MOTION CARzuED
The Mayor called a short recess.
MOVED to Hopper, SECONDED by Blacker to re-open the public hearing to deal with the preliminary
plat consideration,
Those voting yes: unanimous.
MOT1ON CARzuED
COMPREHENSIVE PLAN ANALYSIS ON CASE NO SUB.2OOP.O9;
MOVED by Hopper, SECONDED by Blacker to accept the comprehensive Plan Analysis as presented
in the staffreport under roman number V
Those voting yes: Unanimous.
MOTION CARzuED
MOTION CARzuED
o o
FINDINGS OF FACT ON CASE NO. ZON-65.09:
MOVEDbyHopper,SECONDEDbyBlackertoacceptthe.generalfactsasoutlinedinthestaffreport,
ttre puUtic iestimony that was givenin this matter, the evidence list that was approved, and note that
th".'" *u, no opposition to the rizone request or the condominium application'
Those voting yes: unanimous.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ZON.65.O9:
MOVED by Oates, SECONDED by Hopper that the caldwell city council has the authority to hear
this case and to make the decision to uppiou. or deny; and the public hearing was noticed and heard
within the guidelines ofapplicable state codes and local ordinances'
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ZON.65-09:
MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law,
the planning and Zoning Commission hereby recommends to the Mayor and City Council that Case
No. ZON-6;-09, u ."q*rt by Herman Sakimoto, JDL Investments LLC, Tom Morris and Pathway
e.*ir-iC for a'compiehensive plan map change from High Density Residential to Commercial and a
iezone from R-3 Higir Density desidential to C-2 Community Commercial of 0.46 acres be approved
with the conditions as outlined in the staffreport.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing'
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. SUB-2OOP.O9:
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public i"rti*ory that was given in this matter,.the_evidence list that was approved, and note that
therl was no opposition to the preliminary plan application'
Those vot.ing yes: unanimous.
MOTION CARzuED
CONCLUSIONS OF LAW ON CASE NO. SUB.2OOP.O9:
MOVED by Hopper, SECONDED by Blacker 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 ofapplicable state codes and local ordinances'
Those voting yes: unanimous.
ORDER OF DECISION ON CASE NO. SUB.2OOP.O9:
MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and conclusions of Law'
irr" c"ia*"ir ciiy councit hereby orders that Case No. SUB-200P-09, a request by Herman Sakimoto,
JDL Investmenti LLC, Tom Morris and Pathway Asset LLC for preliminary plat approval of Kimball
Office park Condominiums Subdivision consisting of one common lot and three units is approved with
the conditions as outlined in the staffreport'
Rotl call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba' Blacker' and Oates' Those voting
no: none. Absent and/or not voting: none
MOTION CARRIED
o o PAGE 125
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVEI: CASE NUMBER OA-117-09 A REQUEST BY THE
ENGINEERING DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT FOR
AN ORDINANCE AMENDMENT TO CHAPTER 13, ARTICLE 5, CONCERNING THE
ACCESS ORDINANCE, OF THE CALDWELL CITY CODE)
Anne Marie Skinner,62l Cleveland Blvd, presented the staffreport: She reported that staffrecently
noticed the newly revised access ordinance had no provision for anti-degradation allowances, This text
amendment would correct this oversight.
MOVED by Callsen, SECONDED by Dakan to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 18 [ORDINANCE NO.28OOI FOR THE ACCESS ORDINANCE 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 ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 13,
ARTICLE 5 OF THE CALDWELL CITY CODE CONCERNING ACCESS CONTROL
STANDARDS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
Councilman Hopper asked Ms. Skinner for clarification regarding Subsection (2)H.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No.
I 8 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and/or not voting: none.
MOTIONCARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 18, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVEI: CASE NUMBER OA-ll3-09 A REQUEST BY
CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO ADD SECTION TO-03-13, CONCERNING ADMINISTRATIVE
CITATIONS, TP THE CALDWELL ZONING ORDINANCE OF THE CALDWELL CITY
CODE)
Anne Marie Skinner, 621 Cleveland Blvd, presented the staffreport. She noted that the text amendment
deals with adding a new Section 10-03-13 to the existing Zoning Ordinance. This new section would
be entitled "The Administrative Citation Process" and would explain the Planning & Zoning code
enforcement process with the ability to access fines, if necessary.
Councilman Oates asked if there is a maximum that a person may be charged concerning the daily fine
amount.
Ms. Skinner noted that the proposed ordinance did not address this issue, but noted its importance.
Councilman Hopper asked ifthere are other potential violations within the subdivision ordinance and
building codes that might come under the umbrella of the administrative citation process as well.
Ms. Skinner stated that this fact had not been considered, but she will research this issue.
Councilman Callsen asked that the text allow for the provision for City staffto abate the property in
lieu of fines, especially in cases where the property owners are not able to comply with the Code due to
physical I imitations and/or disabilities.
The Mayor reported that City staffhave responded in the past to such cases and even volunteered their
time with community services projects for the elderly or disabled residents needing assistance. He
expressed his concem that allowance for fees and the hearing officer remuneration should have been
considered at the time of the FY 2009-10 budget approval. He suggested that the item be continued to
allow further review by staff conceming this issue.
BOOK 50
BOOK5O PAGE 126oo
councilman Sobba emphasized the need for the resident to be served with a certified letter for
veri{ication ofreceipt ofthe violation. This procedure should be spelled out within the ordinance.
MOVED by oates, SECoNDED by Blacker tocontinue this item to the Regular city council Meeting
to be held on October S,-ZOOS *itt the Provision that staff further review details of the proposed
ordinance including its impact on the budget'
Those voting yes: unanimous. MOTION CARRIED
(CoNSIDERBILLNo.6IoRDINANCEJ{o_._2789|FoRAD]VIINIS-T!1J'YECITATIONS
WITH A REQUEST io wlIvE THE RULES, pAss oN THE FIRST READING AND
APPROVE THE SUMMARY FOR PUBLICATION)
Bypreviousmotion,thisitemwascontinuedtotheRegularCityCouncilMeetingtobeheldon
October 5, 2009.
(PUBLIC HEARING ILEGISLATIVII' -91^SE. NUMBER oA-114-09 A REQUEST BY
CALDWELL'SPLANNINGANDzoNINGDEPARTMENTFoRANoRDINANCE
AMENDMENT rO CiairBn 10, zoNING ORDTNANCE' OF THE CALDWELL CITY
CODE)
Anne Marie Skinner,621 Cleveland Blvd, outlined the text amendments within the proposed
ordinance.
MOVED by Oates, SECONDED by Blacker to continue to public hearingto the Regular City Council
Meeting toie held on Novemb er Z, ZOOS to allow Council time to review the document and establish a
date for a council workshop, which should be conducted prior to the hearing date.
Those voting yes: unanimous.
MOTION CARRIED
(CoNSIDER BILL NO. 23 [ORDINANCE 1\Oi -28r0sl
FoR THE zOfqN-G 9IDINANCE wIrH
I nrQuEsr To wAIvE THE RULES, PASS ON THE FIRST READING AND APPROVE
THE SUMMARY FOR PUBLICATIOI9
By previous motion, this item was continued to the Regular City Council Meeting to be held on
November 2,2009.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the,
amount of $ I ,43 4,68'l .;84 for the pay period ending August 26, 2009 and a net payrolt in the amount of
$278,616.84 for the pay period ending August 15, 2009'
MOVED by callsen, SECONDED by Blacker that accounts payable in the,amount of $1,434,687'84
i"pr.r.nt"jUy "heck
numbers 62529 through 62960 and the total payroll in the amount of $278,6 I 6.84
presented by check numbers 18242 through 18310 and direct deposits be accepted, payments
approved, and vouchers filed ir the Office ofthe City Clerk'
Those voting yes: unanimous.
MOTION CARRIED
(COUNCIL COMMENTS)
councilman Dakan reported that he recently attended the Sage community Resoutce meeting where
their annual budget wis reviewed. He also attended the grand opening for Red Rock Wildlife Fire
Systems which is located along Hwy.20126'
councilman Blacker complimented the parks department staff on their outstanding effors of
maintaining the entrances into the City'
in the park.
(MAYOR'S COMMENTS)
Councilman Sobba asked that Jeff Cordell, 1102 Paynter be to present concems
park.Cordell stated that several had to express their
dissatisfaction He suggested
that concerts with high volume be moved to outlying park sitei. Discussion The
stated that the KWEI
not want to discourageMemorial Park in 2010 to another Caldwell location.
of residents within the Memorial Park area. Councilman that possibly the noise
Qoo*a50
MOVED by Oates, SECONDED by Callsen to reconvene into regular session'
Those voting yes: unanimous.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjoum at 10:28 p'm.
Those voting yes: unanimous.
The Mayor reported that the Farm workers Appreciation Day in the park was well attended.
The first Mayor's Youth Advisory Council (MYAC) for the school year was recently held with
approximately 70 youth in attendance. He noted that there was an increase of freshmen and
ropho*o."r in attendance. He thanked alt ofthe volunteers, such as Nancy White, who has assisted
wiih the MyAC over the years. The Intermountain Community Bank has offered to organize a
fundraiser this year with the benefits going to the MYAC for their use with projects and expenses.
The final agreement with FEMA is near completion.
Patriot Appreciation Day is September I 1, 2009.
The Indian Creqk Festival is scheduled for Saturday, September l9' 2009.
The next City Council Meeting will be held on September 2l , 2009.
PAGE 127
MOTION CARRIED
MOTION CARRIED
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION llFl
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND SUBSECTION llAl FOR
DISCUSSING THE CONSIDERATION OF HIRING A PUBLIC EMPLOYEE)
MOVED by Oates, SECONDED by Callsen to convene into an Executive Session at 9:29 p.m.
pursuant to provisions of Idaho Code 67-2345, Subsection 1(F) for the purpose of discussing pending
litigation and Subsection I (a) for discussing the consideration ofhiring a public employee.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none, Absent and/or not voting: none.
MOTION CARRIED
APPROVED AS written
2009.
TTEST:
City Clerk
THIS 2l st DAY OF SEPTEMBER.
frr*ftU",'A*
Mayor
JAN,5:11
OF
o IAGENDA
REGTILAR CITY COUNCIL NiIEETING
SEPTEMBER 08,2009 Al'7:00 P.l\{.
6:00P.1\{- PUBLIC WORKSHOP FOR THE PURPOSE OF' DISCUSSTNG THE YEARLY
PRTORITY REVIEW OF COMPASS FACILITATED FEDERAL FUNDING PROJECTS.
INVOCATION OFFERED BY PASTOR PHIL BOHLKEN OF TIIE GRACE LUTHERAN CIIURCH.
PLEDCE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
SPECIAL PRESENTATIONS.A. Employee of the Month
ADDITIONS OR DELETIONS TO'I'HE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
I . Approve acceptarrce of lhe minutes from the Regular City Council Meeting held on August I 7, 2009 and the
Friends ofthe Caldwell Depot Meetings held on June I 8, 2009 and July 16, 2009;
2. Approve Order of Decision for Case Number SUB- 159(E)-06 (Aspen Falls time extension);3, Approve Resolution accepting the dedication of server, water, and storm drain improvements from
Centennial Baptist Church;
4. Approve Resolution accepting an Easement frorr Canyon County for a domestic water main line at 6107
Graye Lane;
5. Approve Resolution accepting an Easement from Sky Ranch Developrnent, LLC for a domestic water main
line at Sky Ranch Development, LLC;
6. Approve Resolution accepting a Warranty Deed fiorn Todd Knie and Betty Knie for property located at 8 15
West Plymouth Sfeet;
7. Approve Resolution authorizing the execution ofthe 2009 Caldwell Airport Master Plan Consullant Planning
Services Contract with Coffman Associates/Kimley-Hom;
8. Approve Resolution authorizing the execution ofthe Pictometry Agreement with Canyon County;9. Approve Resolution authorizing the execution of the Joint Exercise of Power Agreement and the Joint
Exercise ofPower and Interagency Agreement with the Caldwell Rural Fire Protection District;
10. Approve Resolution authorizing the execution ofthe Independent Contractor Agreement wilh John Schiebout
(DBA: Little Kicks Taekwondo) for instructional services;
ll. Approve Resolution authorizing the submittal and acceptance ofthe FY-2010 FAA Funding Grant in the
amount of$95,100;
12. Approve the appointment ofJennifer Barrus to the Caldwell East Urban Renewal Agency Board as the
representative from the Vallivue School District.
OLD BUSINESS:
None.
NEW BUSINESS:
I . Consider Bill No. 24 (Ordinance No. 2806) for the annexation of a portion of property within the Caldwell
Municipal Inigation District known as Skyway Business Park SuMivision (lnst. No. 200329590) with a
request to waive the rules and pass on the first reading.2. Public Hearing (Quasi-judicial): Case Number DAN-04-09 a request by Town Ranch, LP arrd Susan
Wildwood for de-annexation of I.56 acres of land out of the city. This site is located at 10340 Hwy 20126.3. Public Hearing (Quasi-judicial): Case Number SUB-201P-09 a request by BH Caldwell LLC, Matthias
Kellmer, and Landmark Engineering and Planning for preliminary plat approval of Caldwell Commons
Subdivision consisting of 10.78 acres and 23 buildable lots in a C-3 Service Commercial zone located at the
northeast comer ofCleveland Boulevard and Ustick Road.4. Public Hearing (Quasi-judicial): Case Number SUB-200P-09/ZON-65-09 a request by Herman Sakimoto,
JDL Investments LLC, Tom Morris and Pathway Asset LLC for a comprehensive plan map change from
High Density Residential to Commercial; a rezone of 0.46 acres from R-3 High Density Residential to C-2
Community Commercial; and, preliminary plat approval of Kimball OfIice Park Condominiums Subdivision
consisting ofone common lot and three units located at 1207 and l2l I South Kimball Avenue.5. Public Hearing (Legislative). Case Number OA-l17-09 a request by the Engineering Department and the
Planning and Zoning Department for an ordinance amendment to Chapter 1 3, Article 5, conceming the access
ordinance, of the Caldwell City Code.
6. ConsiderBillNo. l8(OrdinanceNo.2800)fortheaccessordinancewitharequesttowaivetherules,passon
the first reading and approve the summary for publication.7. Public Hearing (Legislative): Case Number OA-ll3-09 a request by Caldwell's Planning and Zoning
Departnent for an ordinance amendment to add section I 0-03- I 3, conceming Administative Citations, to the
Caldwell Zoning Ordinance of rhe Caldwell City Code.8. Consider Bill No. 6 (Ordinance No. 2?89) for administrative citations with a request to waive the rules, pass
on the first reading and approve the summary for publication.
9. Public Hearing (Legislative): Case Number OA-l14-09 a request by Caldwell's Planning and Zoning
Department for an ordinance amendment to Chapter 10, zoning ordinance, ofthe Caldwell city code.
10. Consider Bill No. 23 (Ordinance No. 2805) for the zoning ordinance with a request to waive the rules, pass
on the first reading and approve the summary for publication.
I l. Financial & Human Resource Reports.
12. Councrl Reports.
13. Mayor's Comntents.
14. Adjoum.
Next P-eguler Ci$'Council Mecting is cn Mcnd:r;,, September 21,2009 et 7:00 p.m. in the Community P.ocm at
the Caldwell Police Station at I l0 South Fifth. Any person needing spccial accommodations to participate ,n the
meetitrg should contact the City Clerk at 4l I Blaine Street or call #455-4556 prior to the meeting. Agerrda and
Minutes can be viewed on the City of Caldwell's u,ebsire: rygjlyq({lygl!4g4.
t
Page I ol I (c