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HomeMy WebLinkAbout2006-01-17city council minutesBOOK 47 REGULAR MEETING JANUARY 17, 2006 7:00 P.M. The Meeting was called to order by Mayor Nancolas. PAGE 1 The Invocation was offered by Pastor Dave Goebelof from the Boone Memorial Presbyterian Church. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Callsen, Wells, Blacker, and Oates. Absent: Hopper and Dakan. SPECIAL PRESENTATIONS Rita Earl, 15115 Golden Eagle Avenue, member of the Audit Committee, spoke about the audit process and the audit report. E1Jay Waite, 621 Cleveland Blvd., gave the audit report. He noted that although there were expenditures that were not budgeted for within the year, the fund balance was able to be maintained. He stated that building permit revenues were strong and property tax revenues were received as anticipated. Robert Pearson, Auditor from Eide Bailly, 877 West Main Street in Boise, spoke about the Management Letter. The City did not have any reportable conditions. The audit firm had suggestions for improving audit controls on federal and state grant dollar tracking, golf course receipting procedures, communication between the city and the library fund concerning closing of records, and internal control points regarding payroll procedures. He stated that the audit went very smoothly and the records are in much better shape than previous years. Councilman Wells noted that the audit indicates that the City's assets increased just under sixteen million and our debt decreased approximately one million dollars. This is an indication that the City is doing well. The Mayor commended E1Jay Waite, the Finance Department, the Audit Committee and the policies that Council has put into place to make this excellent audit report possible. MOVED by Oates, SECONDED by Blacker to accept the audit report as presented Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Blacker to amend the agenda by switching items #2 and #3 under New Business and to add an item #8a under New Business for an Executive Session to discuss property acquisition. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED AUDIENCE PARTICIPATION Leo Holmes of 1121 Main Street reported that there is a law in effect since 2003 that allows a U.S. Post Office to be named after a Medal of Honor recipient if he has been deceased over 10 years. Since Private First Class Herbert A. Littleton qualifies for such an honor, Mr. Holmes noted that he has submitted the required paperwork to Butch Otter's office. He stated that the application requires a letter from the City Council supporting this effort. Mr. Holmes also informed the Council that he has contacted the Idaho State Transportation Department concerning the placement of military signage along Nampa/Caldwell Boulevard between Middleton and Linden similar to what has been done in Hawthorne, Nevada. Mr. Holmes submitted a diagram showing signage every one -half mile. The Mayor asked the Boy Scouts in attendance to introduce themselves. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Approve acceptance of the minutes from the Regular City Council meetings held on December 5, 2005 and January 3, 2006; 2. Approve acceptance of the minutes from the Caldwell Public Library Board meeting held on December 1, 2005 and the Caldwell Golf Board meeting on December 14, 2005; 3. Approve the reappointment of the Urban Renewal Commissioners for a one -year term: Rob Hopper, Garret Nancolas, Leona Founts and Matt Beebe; 4. Approve the reappointment of Elaine Carpenter, Rick Wells, Nancy Seal, Rita Earl and Dennis Callsen to the Audit Committee; 5. Approve the appointment of Mike Reed, Dean Dishman (2 °d Alternate), Hoyt Flemming, Jeff Miller (l' Alternate), Bob McGee and the resignation of Randy Rudeen to the Airport Commission; 6. Approve Order of Decision for Case No. SUP - 248 -05 (City Cell Tower); 7. Approve Order of Decision for Case No. OA -65 -04 (Master Park Plan); BOOK 47 PAGE 2 8. Approve Resolution 09 -06 authorizing the execution of an Agreement for Engineering Services with Montgomery - Watson-Harza (MWH) for consulting services at the Waste Water Treatment Plant; 9. Approve Resolution 10 -06 authorizing the execution of an Agreement for Professional Services with Infotek One, Inc., for the Franklin Regional Life Station project; 10. Approve the Resolution 11 -06 authorizing the execution of an Agreement for Public Utility Deed or Easement and Encroachment Removal Agreement with Col -Tan for right -of -way easement on 21" Avenue; 11. Approve Resolution 12 -06 accepting dedication of sewer, water and street light facilities for Quail Cove Subdivision Improvements; 12. Approve Resolution 13 -06 accepting deeded right -of -way from James and Margery Wylie for Aspen Park on Laster Lane; 13. Approve Resolution 14 -06 to proceed with the sale of City owned property described as Blocks 4 and 5 of the City Addition plat to J. Finley Enterprises; 14. Approve Resolution 15 -06 to adopt the Policy Regarding Non - Discrimination on the Basis of Disability; 15. Approve Resolution 16 -06 to adopt the Grievance Procedure to meet the requirement of Section 504 of the Rehabilitation Act as amended and the Americans with Disabilities Act of 1990 (ADA); 16. Approve Award of Bid for the Street Department Boom and Truck to Dennis Dillon for $25,519; 17. Approve Award of Bid for the construction of a wet well intake system for the Griffiths Park pumping station to Lambert Construction for $14,629.83. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED OLD BUSINESS None. NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL]: SUB- 125P -05 & ZON -43 -05 - A REQUEST BY WILLOW FALLS, LLC FOR PRELIMINARY PLAT APPROVAL OF 7 COMMERCIAL, 41 RESIDENTIAL LOTS, 5 COMMON LOTS AND REZONE OF 5.02 ACRES FROM R -1 [SINGLE- FAMILY RESIDENTIAL] ZONE TO C -1 [NEIGHBORHOOD COMMERCIAL] ZONE TO INCLUDE A DEVELOPMENT AGREEMENT AND COMPREHENSIVE PLAN MAP AMENDMENTS) The Mayor explained the quasi - judicial public hearing process. Those signed up to speak at any of the public hearings tonight were asked to stand and be sworn in by the City Clerk. Councilman Callsen indicated that he would refrain from voting on this item as he has previously heard this case as a Planning & Zoning Commissioner. Melodic Halstead, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. Ms. Halstead provided copies of the development agreement. The Mayor labeled the development agreement as CC -1000. The Mayor clarified with Ms. Halstead that the Development Agreement was presented at the Planning and Zoning Commission Hearing and has been reviewed by the developer who has agreed to its contents. Ms. Halstead verified that the Development Agreement has not changed since it was distributed to the developer. Nick Voth, 819 Willow Lane, acknowledged being sworn in and spoke in favor of the development. Mr. Voth presented displays and maps concerning the development. Mr. Voth stated that the goal for the Willow Falls project is to create a high -end subdivision in Caldwell. A portion of the subdivision would include a gated community, which brought considerable debate when heard by the Planning and Zoning Commission. He noted that they have met with the Engineering Department, Planning & Zoning Department, and the Fire Department and worked through the details of having a gated community. Mr. Voth reported that they recognized that the noise and the traffic along 10"' Avenue might be a deterrent for residential housing. Since there are plans to include a traffic light in the future for 10"' and Linden, the proposal for a neighborhood commercial development seemed a better fit. He noted that uses are limited within the C -1 zone. Mr. Voth reported that the City of Caldwell has applied for a grant to fund a pathway that follows the Dixie Drain within the area which leads to the YMCA. He noted that they have included an extended right -of -way along Willow Lane to allow for this pathway within the development. This pathway would eliminate the need for children to walk along Linden Street. Mr. Voth explained that there are a total of 41 lots residential lots with only 14 lots included behind the gate. All streets will be public roadways as per the determination of the City Engineer. The access points for the residential areas will be Ray Avenue and Linden only and not 10 Avenue. Mr. Voth noted that a portion of the homes on Chaparro abut the subdivision boundary line where commercial development will be allowed. He stated that the proposed development allows for a 20 -25 foot landscaping buffer between the buildings and the back of the affected Chaparro parcels. BOOK 47 PAGE 3 Terry Rinearson, 2805 Blaine, acknowledged being sworn in and spoke in support of this development. Helen McKinney, 1821 Locust, acknowledged being swom in and spoke in support of this development. She noted that the Chamber of Commerce Governmental Affairs Committee studied this proposal extensively. All members of the Committee support the development to include a gated community. James Augresono, 2516 Willowbrook Lane, acknowledged being swom in and stated that he supports this development but is concerned with the additional traffic on Willow Brook. He would recommend a street emptying onto 10 Avenue. Reed Stucki, 3102 Ray Avenue, acknowledged being sworn in and stated that he generally supports this development but has concerns with the commercial lots and the rezoning of the 5.02 acres to the C -1 (Neighborhood Commercial) zone. He noted that once the lots are sold there will not be control of the type of businesses as long as they are allowed within the C -1 zone. The increase of traffic will affect children traveling along 10' from the neighboring schools to their homes. John Mettille, 503 Chaparro, acknowledged being sworn in and stated that he is concerned with the buffer zone between the commercial uses and his property. He also expressed concern about the proposed pump house and the noise and nuisance it may pose. He would like to have a solid, six -foot cement barrier within the 200 -foot buffer area and the trees planted closer together than what is proposed. Nick Voth gave the rebuttal. He stated that using 10"' Street as a residential access point was not favored since traffic is heavily backed up at the 10"' and Linden Street intersection from approximately 3:00 — 5:00 p.m. each day. He noted that they wanted to eliminate people waiting to turn right on to Linden cutting through the residential streets as a bypass to the busy intersection. Mr. Voth addressed the C -1 (Neighborhood Commercial) zone and its allowed uses and noted that some require a special sue permit. A small restaurant or coffee shop is also an allowed use within the zone and could possibly utilize evening hours of operation. Mr. Voth stated that he agreed with the installation of a concrete barrier (CMU wall) and additional trees between the commercial parcels and existing residences on Chaparro. He explained that a pump house was installed in the Wood Springs Subdivision and was placed approximately 6 -feet from a townhouse. They have had no complaints from any of the residents concerning noise from the equipment. Councilman Wells asked for comments from Gordon Law, City Engineer, concerning public roads versus private roads within a gated community. Mr. Law stated that the determination of a gate would be a land -use issue to be decided by the Council. However, the issue of private vs. public roadways has three components which are relevant in such a discussion: 1) If somebody tries to cut off access, the means of enforcement of maintaining access on a public roadway is by the police. The means of maintaining access on a private road is to obtain a court order thus the access is much more readily preserved under the direction of the police rather than the courts. 2) In the case of someone using the roads in a dangerous manner, the police have no ability to enforce speed rules on a private road but can on a public road. 3) The City places public utilities in the public roadway and the rules that govern the access for the utilities is preserved better under public right -of -way rather than private property. He noted that these issues were discussed with the developer concerning their determination of private versus public roadways. Councilman Blacker indicated that he worries about the commercial portion of this development Councilman Wells shared his concern about the placement of a commercial endeavor abutting a residential area and the necessity to provide an effective barrier between the two uses. The staff report mentions fencing but a condition should be added allowing for the concrete barrier. Mayor Nancolas clarified with Nick Voth that the barrier would be located on the southern boundary between the commercial parcels and the two homes facing Chaparro. It would continue northerly behind the commercial parcels to a point where the path would cross through. MOVED by Blacker, SECONDED by Oates to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Blacker, Oates, and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED EVIDENCE LIST FOR SUB- 125P -05 AND ZON- 43 -05: The Mayor presented the Evidence List: Preliminary plat, staff report, sign -up sheets, CC -1000 (development agreement), and CC -1001 (set offive display chart exhibits that were presented by Nick Voth). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED Councilman Wells commented that the density of this development is less than the City's minimums and that the concept fits well with residential units located within the surrounding area. BOOK 47 COMPREHENSIVE PLAN ANALYSIS: PAGE 4 MOVED by Wells, SECONDED by Oates to approve the Comprehensive Plan Analysis as described in the staff report under item V. Roll call vote. Those voting yes: Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ZON- 43 -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony and the evidence list that was just approved. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON- 43 -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. ZON- 43 -05: MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ZON- 43 -05, a request by Willow Falls LLC to rezone approximately 5.02 acres of the development from an R -1 (low density residential) zone to C -1 (neighborhood commercial) zone for the purposes of developing a commercial subdivision to include a development agreement spelling out the terms and arrangements of the rezone to include the fencing requirement as a buffer between the commercial and residential uses is approved. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 125P -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony and the evidence list that was just passed. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 125P -05: MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear this request and to make the decision to approve or deny; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 125P -05: MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 125P -05, a preliminary plat consisting of 41 residential lots, 7 commercial lots and 5 common lots for Willow Falls LLC is approved with the conditions set forth in the staff report. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED The Mayor declared a five minute recess. (PUBLIC HEARING [QUASI - JUDICIAL]: SUB /PUD- 127P -05 & ANN - 104 -05 [DAKOTA CROSSING], A REQUEST BY LANDMARK ENGINEERING & PLANNING FOR ANNEXATION OF 38.14 ACRES AS R -1 [SINGLE- FAMILY RESIDENTIAL], R -3 [MULTI- FAMILY RESIDENTIAL], AND C -2 [COMMUNITY COMMERCIAL] ZONE AND PRELIMINARY PLAT APPROVAL OF 116 RESIDENTIAL, 10 COMMERCIAL AND 10 COMMON AREA LOTS TO INCLUDE A DEVELOPMENT AGREEMENT) The Mayor declared the public hearing open. BOOK 47 PAGE 5 Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. He pointed out typographical errors in the staff report that have been corrected. He presented the development agreement, which the Mayor labeled as CC -1000. Clint Boyle of Landmark Engineering at 104 9 Avenue S., Nampa, was sworn in and spoke in support of this development and presented exhibits. He stated that they are generally in agreement with staff and the development agreement. He spoke about the vision and the amenities of this development. He clarified two items in the staff report, which appear to be typographical errors. The Mayor labeled the plat map of Dakota Crossing as CC -1001 and the site elevation drawings as CC -1002. Mr. Boyle noted that the commercial development will be accessed from Celeste Avenue since ITD restricts access from Karcher Road. The density of the residential area will be approximately 3.3 dwelling units per acre since the lots in the upper residential area are significantly larger. TJ Angstman (Applicant), 3649 Lake Harbor, Boise, acknowledged being sworn in and spoke about the staff report. He stated that he has had discussions with the neighbor, Brent Carpenter, about a portion of the property on Moss Lane that they intend on giving to him. He requested that the condition to improve the bridge on Moss Lane be removed since there is no connectivity or benefit to the neighboring site. He noted that Jerome Mapp had recommended removal of this requirement. Mr. Angstman clarified that the entire parcel would not be given to the neighbor and they would still maintain an easement for the greenbelt pathway and will maintain ownership through the common lot. In response to questions from Councilman Wells, Mr. Law stated that Moss Lane is designated on the Functional Classification Map as a Collector Roadway. If this property owner does not develop his share of the bridge or culvert across the two waterways, who else would the City impose that proportionate share requirement? He noted that the proportionate share is based on property ownership, not traffic study results. There was discussion about Jerome Mapp's recommendation concerning the multi - family units within the R -3 zone. Mr. Boyle clarified that as a minimum two units would be attached together and as a maximum four units would attached. There would be no more than three four -plex units within the development with a single triplex and single duplex or five triplex units and then a duplex building. Brent Carpenter, 12633 Moss Lane, Nampa, acknowledged being sworn in and asked questions about the City's intent for Moss Lane. Clint Boyle gave the final comments and reiterated the vision and the amenities of this development. The Mayor commented that based on the ordinance, developers must maintain and develop their frontage roads. Councilman Callsen commented on the PUD request and amenities. He noted, however, that improvements along Moss Lane must be required. Discussion followed concerning the development of Moss Lane. Gordon Law stated that the development agreement states that there will be financial share of the quarter bridge but that the half bridge will be constructed on his half. In response to questions from the Mayor, Mr. Law responded that it is possible to consider finances only for a period of time; however, projecting construction costs for the improvements would be difficult. He recommended actual construction be enforced rather than a trust fund agreement. MOVED by Wells, SECONDED by Callsen to close the public testimony portion of this hearing Roll call vote. Those voting yes: Wells, Blacker, Oates, and Callsen. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED EVIDENCE LIST FOR SUB- 127P -05 AND ANN- 104 -05: The Mayor presented the Evidence List: Preliminary plat, staff report, sign -up sheets, CC -1000 (development agreement), CC -1001 (Dakota Crossing Subdivision Chart), and CC -1002 (packet of samples oftown homes). MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS ON CASE NO. ANN- 104 -05 & SUB /PUD- 127P -05: MOVED by Oates, SECONDED by Blacker to accept the Comprehensive Plan Analysis as provided in the staff report. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN- 104 -05: BOOK 47 PAGE 6 MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given this evening and the evidence list that was just approved. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN - 104 -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 104 -05: MOVED by Callsen, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 104 -05, a request by Landmark Engineering & Planning, LLC to annex approximately 38.14 acres into Caldwell with the R -1 (single - family residential), R -3 (multiple - family residential) and C-2 (community commercial) zone designations, to include a development agreement spelling out the terms and arrangements of the rezone is approved. Roll call vote. Those voting yes: Callsen, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB /PUD- 127P -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given this evening and the evidence list that was just approved. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB /PUD- 127P -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB /PUD- 127P -05: MOVED by Wells, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB /PUD- 127P -05, a request for preliminary plat approval of Dakota Crossing Subdivision, which will consist of 116 residential lots, 10 commercial lots and 10 common lots is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Wells, Blacker, Oates, and Callsen. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: SUB- 128P -05 & ANN - 105 -05 [CANYON VIEW ESTATES], A REQUEST BY DH DEVELOPMENT LLC FOR ANNEXATION OF 24.38 ACRES AS R -1 [SINGLE - FAMILY RESIDENTIAL] ZONE AND PRELIMINARY PLAT APPROVAL OF 84 RESIDENTIAL LOTS AND 10 COMMON LOTS) The Mayor declared this public hearing open. Brain Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. He read into the record changes that needed to be made (to correct typographical errors). He presented the development agreement which the Mayor labeled as CC -1000. Clint Boyle of Landmark Engineering at 104 9 Avenue S., Nampa, was sworn in and spoke in support of this development. He presented the exhibit of Canyon View Estates which the Mayor labeled as CC -1001. Mr. Boyle noted that the development is a standard subdivision which includes a central park which represents over 6% open space just within the one park area. He clarified that the project has a 3.4 dwelling units per acre density rate. He noted that access to Karcher Road is requested as a temporary. They are working with ITD concerning the temporary approach which will go away once other connections are made with neighboring developments. Once there is an access to an alternative collector, the connection to Karcher Road will be abandoned. The development agreement BOOK 47 PAGE 7 addresses removal of the pavement and the roadway being incorporated into the common area as a pathway connection to Karcher Road. Mr. Boyle noted that there has been discussion with the property owner to the east of the site concerning a stub street to his property for the purpose of future commercial development on his parcel. The development agreement addresses the developer's responsibility for one -half of the crossing at the Wilson Drain. He noted that the developer is willing to construct the entire crossing assuming that the adjacent property owner participates in his half of the cost and grants the right -of -way. He stated that they are willing to trust fund for their propionate share if they cannot come to an agreement with the neighbor. MOVED by Oates, SECONDED by Blacker to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED IILI11 1offiela0LIM8= 7X The Mayor presented the Evidence List: Staff report, sign -up sheets, preliminary plat, CC -1000 (development agreement), and CC -1001 (Canyon View Estates Chart). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as stated. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Callsen, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Callsen, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN- 105 -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony, the evidence list as approved and note that there was no testimony in opposition to this request. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN - 105 -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 105 -05: MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 105 -05, request by Landmark Engineering & Planning. LLC to annex approximately 24.38 acres into Caldwell with the R -1 (single - family residential) zone designation to include a development agreement is approved. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB /PUD- 128P -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given this evening, the evidence list that was just approved, and the fact that there was no testimony in opposition to this request. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 128P -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. BOOK 47 PAGE 8 Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 128P -05: MOVED by Blacker, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 128P -05, request for preliminary plat approval of Canyon View Estates Subdivision, which will consist of 84 single - family residential lots and 10 common lots is approved with the conditions set forth in the staff report. Roll call vote. Those voting yes: Blacker, Oates, Callsen, and Wells. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED MOVED by Oates, SECONDED by Callsen to close this public hearing. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: SUB- 123P -05 & ANN - 102 -05 [MONTECITO PARK 441, A REQUEST BY PROVIDENCE DEVELOPMENT GROUP, LLC TO ANNEX 39.5 ACRES AS R -1 [SINGLE - FAMILY RESIDENTIAL] ZONE AND PRELIMINARY PLAT APPROVAL FOR 82 RESIDENTIAL AND 4 COMMON AREA LOTS ON APPROXIMATELY 20 ACRES) The Mayor declared the public hearing open. Councilman Callsen indicated that he would refrain from voting on this item as he has previously heard this case as a Planning & Zoning Commissioner. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. He read into the record changes that needed to be made (to correct typographical errors). He presented the development agreement which the Mayor labeled as CC -1000. Rita Earl, 314 Badiola, acknowledged being sworn in and spoke in support of this development. Ms. Earl stated that the development is a standard subdivision with a density of approximately 4.07 units per acre which meets the City standards. The open space percentage is 5.18. She noted that a portion of the site will be developed for an elementary school for the Caldwell School District along with a City of Caldwell park. Ms. Earl stated that a neighborhood meeting was conducted and future improvements to Marble Front Road were of concern to the neighbors. She noted that a majority of the roadway is under jurisdiction of the Canyon County Highway District. She reported that the Highway District will be conducting an open house on January 18th where the public may voice their concerns about various county roadways. Mayor Nancolas stated that the City Engineer is investigating the cost of improvements to Marble Front Road and will be supplying information to the Council in the future concerning this project. Orville Collins, 2805 Blaine St. #200, declined to speak and stated that he is in favor of this agreement. Justin Hubble, 704 E. Allen St., Meridian, declined to speak and stated that he is in favor of this agreement. Chris Hopper, 314 Badiola, declined to speak and stated that he is in favor of this agreement. MOVED by Blacker, SECONDED by Oates to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED EVIDENCE LIST FOR SUB- 123P -05 AND ANN- 102 -05: The Mayor presented the Evidence List: Preliminary plat, Staff report, sign -up sheets, and CC -1000 (development agreement). MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB- 123P -05 & ANN- 102 -05: MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN- 102 -05: BOOK 47 PAGE 9 MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given this evening, the evidence list that was just approved and the fact that there was no testimony in opposition to this request. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN - 102 -05: 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 102 -05: MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 102 -05, request by Providence Development Corporation to annex approximately 39.5 acres into Caldwell with the R -1 (single - family residential) zone designation, to include a development agreement with the conditions as outlined in the staff report is approved. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 123P -05: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given this evening, the evidence list that was just approved and the fact that there was no testimony in opposition to this request. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED K!] ,[f!r1IM[!]► llf]0PLUM] 2[filF 1Dl►[!MI®:IIip GldR 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; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 123P -05: MOVED by Blacker, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 123P -05, request for preliminary plat approval of Montecito Park #4, which will consist of 82 residential lots and 4 common lots is approved with the conditions set forth in the staff report. Roll call vote. Those voting yes: Blacker, Oates and Wells. Those voting no: none. Absent and /or not voting: Hopper, Callsen and Dakan. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Oates, Wells and Blacker. Those voting no: none. Absent and/or not voting: Hopper, Callsen and Dakan. MOTION CARRIED (DISCUSSION REGARDING THE VARIANCE REQUEST FOR THE FINAL PLAT PROCESS) Mayor Nancolas stated that in recent months the final plat process has been amended to expedite the procedure for applicants. One of the unintended negative consequences of that action was that a few builders had made application for the preliminary plat prior to this being adopted. From a time standpoint, the only items left to be completed before the final plat could be signed by the City Engineer was the placement of landscaping. Under the new ordinance, it states that until all items can be completed by the developer, we can only issue 50% of the building permits associated with those final plats. Under the current conditions of the ordinance we have unintentionally disabled these developers through this process. Gordon Law reported that he contacted Mr. Bill Pugh concerning his specific situation and asked him how many permits he would need. He reported to Mr. Law that if he was granted 90% of his permits, he would have no problem in the future to account for the City's requirement. Mr. Law reported that he had analyzed the subdivisions which would have been caught, landscaping wise, outside of the normal irrigation season and would have been left unable to take care of their landscaping requirements. He noted ten subdivisions to which the variance would apply. Of the ten, BOOK 47 PAGE 10 three subdivisions had met all the landscaping needs. The remaining seven will need to be granted the 90% variance on a one -time allowance to phase in the ordinance. Mr. Law suggested that if the plat was platted prior to July 1, 2005, these rules would not apply because they would have had sufficient time to meet the landscape requirement. If it was platted after January 1, 2006, they have sufficient time in the spring to take of the landscape requirements. Mark Hilty, suggested that if the Council does not amend the specific provisions of the existing ordinance, an ordinance could be presented at the next Council meeting without complying with the two hearing and public notice requirements of the Local Land -use Planning Act. Such an ordinance would only deal with the specific time frame for implementation of the newly adopted Final Plat Ordinance. Council gave direction to Mark Hilty to prepare an ordinance dealing with this specific issue to be presented at the next City Council meeting. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,197,870.60 for the period ending January 12, 2006 and a net payroll in the amount of $210,895.10 for the pay period ending January 7, 2006. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,197,870.60 represented by check numbers 32544 through 32951 and a total payroll in the amount of $210,895.10 represented by check numbers 9135 through 9199 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Wells, Blacker, Oates, and Callsen. Those voting no: none. Absent and/or not voting: Hopper and Dakan. MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen reported on the audit committee meeting. Councilman Blacker reported that the CEDC private contributions are over $14,000. Councilman Wells commented on the staff reports and the need to make sure they are reviewed thoroughly and all information is included before presentation at the public hearing. The development agreements should be included in the Council docket prior to the public hearing. The Mayor indicated that he has already emailed Gian Paolo Mammone about the staff report concerns. (MAYOR'S COMMENTS) The Mayor thanked everyone for attending the State of the City Address and personally thanked Channel 7 for carrying that event on television for four nights. He thanked the Mayor's Youth Advisory Council Chairman, Scott Hutton, for the excellent speech. DARE Pal graduation was this last week where numerous youth graduated from the program under the direction of John Baldazo. MYAC meets tomorrow night at 6:00 p.m. The Chambers Business After Hours is Monday Night at Orphan Armies. January 26"' is the AIC Legislative session. The Mayor will be meeting with Mr. Collins to discuss the City and Urban Renewal land acquisition of the new school site property. The MYAC is moving forward with the skateboard park design recommendations. A RFQ will be submitted for an architect to complete the design. The Military Celebration for the 116"' Calvary and the 145"' Support Battalion will be held on February 11"' from 10:00 a.m. to 2:00 p.m. at the O'Connor Field House. Dennis Callsen will be coordinating the decorations for the event and would appreciate any others who would like to help. There will be an open house forum during the day and a ball in the evening. (EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE 67 -2345 FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION) MOVED by Oates, SECONDED by Blacker to convene into Executive Session pursuant to Idaho State Code 67 -2345 for the purpose of discussing property acquisition. Roll call vote. Those voting yes: Oates, Callsen, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper and Dakan. MOTION CARRIED f6k: ' r .[ + T+ +� I I I yea