HomeMy WebLinkAbout2008-02-04city council minutes BOOK 49 PAGE 15
REGULAR MEETING
February 4,2008
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
He noted that a workshop was held at 6:00 p.m.for the purpose of discussing the Sign Ordinance.
The Invocation was offered by Pastor Norman Rutzen of the Valley Pentecostal Church. The Mayor
asked everyone to remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Dakan(by phone),and Sobba. Those absent: Callsen
SPECIAL PRESENTATIONS
The Mayor introduced Ms. Jeanette Jackson, American Government teacher at Caldwell High School
and asked that her students introduce themselves. Per the request of Ms. Jackson, the Mayor
explained the Local Improvement District(LID)process to the students.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend Item#10 under the Consent Calendar to read:
Approve the appointment of Betty Tollman and Vince Sanchez(alternate)to the Caldwell Planning&
Zoning Commissions for a three(3)year term ending December 31,2010.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no: none.
Absent and/or not voting:Callsen.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by Members of the
City Council:
1. Approve acceptance of the minutes from the Regular City Council meeting held on January 22,
2008;the Caldwell Historic Preservation Commission meetings held on March 26,2007,April 23,
2007, May 29, 2007, June 25, 2007, July 23, 2007, August 28, 2007, September 24, 2007, and
October 22,2007;and the Caldwell Golf Board meetings held on November 28,2007 and January
10,2008;
2. Approve Order of Decision and Development Agreement for Case No. ANN-146-07/SUB/PUD-
169P-07(Lakemont Subdivision);
3. Approve Order of Decision for Case No.SUB/PUD-167PF-07(Campus Townhome Subdivision);
4. Approve Order of Decision for Case No. SUB-143F-06(Caldwell Crossing Subdivision final plat);
5. Approve Order of Decision for Case No. SUB-113(2)F-04(Castle Peak Subdivision No.2);
6. Approve Resolution No. 16-08 accepting a Dedication of sewer,water, storm drain, and street light
facilities from Hubble Homes for Copper Creek Subdivision,Phase No. 1;
7. Approve Resolution No. 17-08 authorizing the execution of a Memorandum of Agreement with
the Idaho State Historic Preservation Office for CLG funding in the amount of$3,200;
8. Approve Resolution No. 18-08 accepting the job description for the Catalyst Project Management
Lead Position;
9. Approve Resolution No. 19-08 authorizing the award of bid to Haemker Construction, Inc. for the
Main Street Pocket Park Project in the amount of $24,916 including an expenditure of an
additional seven thousand dollars from the General Fund Contingency Account;
10. Approve the appointment of Betty Tollman and Vince Sanchez (alternate) to the Caldwell
Planning&Zoning Commission for a three(3)year term ending December 31,2010. [amended]
MOVED by Oates,SECONDED by Blacker to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Sobba, and Blacker. Those voting no:
none. Absent and/or not voting: Callsen.
MOTION CARRIED
OLD BUSINESS:
(PROTEST HEARING FOR THE FORMATION OF LOCAL IMPROVEMENT DISTRICT
(LID)08-1 FOR UTILITY EXTENSION AND CONNECTION FEES)
Tim King,621 Cleveland Blvd.,presented the staff report and outlined the purpose of LID 08-1.
MOVED by Oates,SECONDED by Dakan to close the public hearing.
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Roll call vote. Those voting yes: Oates, Hopper, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(CONSIDER BILL 13 (ORDINANCE 2733) CREATING A LOCAL IMPROVEMENT
DISTRICT [LID] 08 -1 FOR UTILITY EXTENSION AND CONNECTION FEES WITH THE
REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor read Bill No. 13 (Ordinance No. 2733) by title only:
AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT
DISTRICT NO. 08 -1 FOR UTILITY CONNECTIONS IN SAID CITY, PROVIDING FOR THE
LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH
IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH
THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE
ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
13 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 13 and move for its passage.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(PROTEST HEARING TO CONSIDER THE ACCEPTANCE OF THE ASSESSMENT ROLL
OF LOCAL IMPROVEMENT DISTRICT [LID] 07 -2 FOR CONNECTION FEES)
Tim King, 621 Cleveland Blvd., presented the staff report and outlined the purpose of LID 07 -2. He
noted that this is a voluntary LID.
MOVED by Oates, SECONDED by Blacker to close the public hearing
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(CONSIDER BILL 11 [ORDINANCE 27311 CONFIRMING THE ASSESSMENT ROLL OF
LOCAL IMPROVEMENT DISTRICT [LID] 07 -2 FOR CONNECTION FEES WITH THE
REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE
SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 11 (Ordinance No. 273 1) by title only
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT NO. 07 -2 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE
NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF
PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH;
PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID
DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND
THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL
IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE
ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF
SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF
THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL;
RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION,
PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD
THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT
DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
11 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 11, move for its passage, and
approve the summary for publication.
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Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(PROTEST HEARING TO CONSIDER THE ACCEPTANCE OF THE ASSESSMENT ROLL
OF LOCAL IMPROVEMENT DISTRICT [LID] 07 -3 FOR LA BREA STREET PAVING
IMPROVEMENTS)
Tim King, 621 Cleveland Blvd., presented the staff report and outlined the purpose of LID 07 -3. He
noted that the LID was requested by the local property owners.
Georgia McMillan, 309 N. Michigan, spoke in favor of the request.
Esequiel Martinez, 303 N. Michigan Avenue, spoke in favor of the request.
MOVED by Oates, SECONDED by Hopper to close the public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(CONSIDER BILL 12 [ORDINANCE 27321 CONFIRMING THE ASSESSMENT ROLL OF
LOCAL IMPROVEMENT DISTRICT [LID] 07 -3 FOR LA BREA STREET PAVING
IMPROVEMENTS WITH THE REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 12 (Ordinance No. 2732) by title only
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT NO. 07 -3 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING
THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF
PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH;
PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID
DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND
THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL
IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE
ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF
SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF
THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL;
RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION,
PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD
THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT
DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
12 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 12, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
NEW BUSINESS:
(CONSIDER BILL 14 [ORDINANCE 27341 TO APPROVE ANNEXATION TO THE
MUNICIPAL IRRIGATION DISTRICT FOR 918 PALRANG DRIVE, WILDFLOWER
SUBDIVISION, AND ISON VILLAGE SUBDIVISION WITH A REQUEST TO WAIVE THE
RULES AND PASS ON THE FIRST READING)
Brent Orton, 621 Cleveland Blvd., stated that this is a voluntary request for annexation of properties into
the Caldwell Municipal Irrigation District.
The Mayor read Bill No. 14 (Ordinance No. 2734) by title only:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF
PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL
IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND
CHANGING THE BOUNDARIES THEREOF: DIRECTING THE CITY ENGINEER TO ALTER
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PAGE 18
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.
14 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 14 and move for its passage.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(CONSIDER BILL 10 [ORDINANCE 27301 TO AMEND CHAPTER 1, ARTICLE 1, SECTION
01 -01 -03 OF THE CALDWELL CITY CODE PERTAINING TO DEPOSITORIES WITH A
REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor read Bill No. 10 (Ordinance No. 2730) by title only
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
STATE OF IDAHO, BY DELETING AND ADDING CERTAIN LANGUAGE IN CHAPTER I,
ARTICLE 3, SECTION 01 -03 -03 PERTAINING TO DEPOSITORIES; PROVIDING FOR AN
EFFECTIVE DATE; AND REPEALING ALL ORDINANCES, RULES AND REGULATIONS,
AND PARTS THEREOF, IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
10 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 10 and move for its passage.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 166 -07 A REQUEST BY MIGUEL
TAMAYO FOR ANNEXATION OF 5.5 ACRES WITH C -2 [COMMUNITY COMMERCIAL]
ZONING, A COMPREHENSIVE PLAN MAP DESIGNATION OF COMMERCIAL AND A
DEVELOPMENT AGREEMENT. THE SITE IS LOCATED ON THE EAST SIDE OF INDIANA
AVENUE APPROXIMATELY 1300 FEET SOUTH OF HOMEDALE ROAD)
The Mayor explained the public hearing process and had the clerk swear in those who were signed up to
speak at any of the public hearings tonight.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial map of the
site, which the Mayor labeled as CC -1000, and outlined the facts as written within the staff report. He
noted that the applicant is desirous of building an indoor soccer field on the site. The soccer field would
have 45,000 sq. ft. of area space. The landscaping plan would be submitted with the building permit
application.
In response to questions from Councilman Oates regarding stormwater drainage issues, Mr. Orton stated
that a stormwater drainage plan is required at the time of the building permit submittal.
Jose Tamayo, Jr., 311 E. Spruce Street, was sworn in and spoke in favor of the request. He stated that
the facility would accommodate youth and adult winter soccer activities for the Canyon County area.
In the summer months it would be used as a training facility. Currently the only other facilities
available are located in the Boise and Meridian areas. It will be patterned after the Boise facility.
Councilman Sobba inquired if there would be a place for spectators and if alcoholic beverages would
be allowed on the premises?
In response, Mr. Tamayo stated that bleachers would be included for spectators behind a plexi -glass
wall. He noted that they plan to allow vending machines, but no concession stands on the premises.
He stated they had no plans for allowing alcohol on the premises.
Councilman Sobba expressed his concern regarding the combination of sports and alcohol at the site.
Mr. Tamayo reiterated the fact that alcohol would not be allowed on the premises.
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Carmen Tamayo, 2301 E. Beech Street, signed in favor of the request but did not speak.
Miguel Tamayo, 2301 E. Beech Street, signed in favor of the request but did not speak.
Dennis Adams, 13990 Cielo Street, signed in as neutral to the request but declined to speak.
MOVED by Oates, SECONDED Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous. Those absent: Callsen.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN- 166 -07:
The Mayor presented the Evidence List: staff report, sign up sheets, and CC -1000 (aerial map presented
by Brian Billingsley).
MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented.
Those voting yes: unanimous. Those absent: Callsen.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 166 -07
MOTION CARRIED
MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no:
none. Absent and /or not voting: Callsen.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN- 166 -07:
MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, the evidence list that was presented, and note there
was no one in opposition to this request.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no:
none. Absent and /or not voting: Callsen.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN - 166 -07:
MOVED by Oates, SECONDED by Hopper 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.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 166 -07:
MOVED by Sobba, SECONDED by Blacker that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. ANN- 166 -07, a request by Miguel
Tamayo for annexation of 5.5 acres with C -2 (Community Commercial) zoning, a comprehensive plan
map amendment from Low Density Residential to Commercial, and a development agreement is
approved with the conditions listed under Section 8 and with a provision that the development
agreement be revised to include that the dispensing or consuming of alcohol would not be allowed on
the premises.
Roll call vote. Those voting yes: Sobba and Blacker. Those voting no: Oates, Hopper, and Dakan.
Absent and/or not voting: Callsen.
MOTION FAILED
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. ANN- 166 -07, a request by Miguel
Tamayo for annexation of 5.5 acres with C -2 (Community Commercial) zoning, a comprehensive plan
map amendment from Low Density Residential to Commercial, and a development agreement is
approved with the conditions listed under Section 8.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Oates, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous. Those absent: Callsen.
MOTION CARRIED
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The Mayor noted that within public testimony, Mr. Tamayo indicated that he had no problem with
closely monitoring the allowance of alcohol at the site since it was expressed as a concern. Even
though it was not included within the development agreement, he noted that all of us as citizens expect
that this facility will be amenable for youth and families. He asked that the applicant be conscious of
this issue as they move forward with the development. Mr. Tamayo concurred with this statement.
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. ZON -54 -07 A REQUEST BY BENNETT
FOREST INDUSTRIES FOR A REZONE OF 1.90 ACRES FROM R -1 [SINGLE- FAMILY
RESIDENTIAL] ZONING TO C -2 [COMMUNITY COMMERCIAL] ZONING AND A
DEVELOPMENT AGREEMENT. THE SITE IS LOCATED SOUTH OF USTICK ROAD
APPROXIMATELY 1,100 FEET WEST OF 1(j AVENUE)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report, and
outlined the facts as written. He presented an aerial map, which the Mayor labeled as CC -1000.
John Evans, 5699 North Riffle Way, Garden City, acknowledged being sworn in. He spoke in favor of
the development. He noted that this is a clean -up issue in order to make the parcel's zoning consistent
with the neighboring properties. There are no development plans for the parcel at this time.
Mr. Evans stated his objection to comments submitted by Pioneer Irrigation as outlined in the staff
report. He noted that the property is located within the Pioneer Irrigation District, but does not abut
Pioneer's facility. Since the comments from Pioneer Irrigation are not applicable to the request dealing
with pathways and dedicated easements, he emphasized his concern that the City not enforce these
conditions.
Mark Hilty, 1303 12"' Avenue Road, Nampa, stated that the referenced Pioneer Irrigation District items
within the staff report are not conditions which would be imposed by the City, since they are not relevant
to the property.
Councilman Hopper noted that conditions provided by Pioneer Irrigation on other recent applications
seem to be rather "boiler plate" in nature and do not necessarily apply to the particular request being
reviewed. He suggested that staff be aware how they are engaging these comments within future staff
reports.
Mr. Hilty noted that staff will thoroughly review future comments from Pioneer Irrigation for
applicability to each request.
The Mayor instructed stafff to contact Mr. Hilty to make sure there is a process in place to review all
comments submitted by Pioneer Irrigation.
MOVED by Dakan, SECONDED by Oates to close the public testimony portion of the public hearing.
Those voting yes: unanimous. Those absent: Callsen.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON- 54 -07:
The Council President presented the Evidence List: staffreport, sign up sheets, short-plat, and CC -1000
(aerial map presented by Brian Billingsley).
MOVED by Blacker, SECONDED by Hopper to accept the Evidence List as presented.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 54 -07:
MOVED by Blacker, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba.. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ZON- 54 -07:
MOVED by Blacker, SECONDED by Hopper to accept the general facts as outlined in the report, the
public testimony that was given in this matter, the evidence list that was presented, and note that no one
spoke in opposition to this request.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no:
none. Absent and /or not voting: Callsen.
MOTION CARRIED
BOOK 49 PAGE 21
CONCLUSIONS OF LAW ON CASE NO. ZON- 54 -07:
MOVED by Blacker, SECONDED by Hopper 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.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ZON- 54 -07:
MOVED by Blacker, SECONDED by Hopper that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. ZON- 54 -07, a request by Bennett Forest
Industries for a rezone of 1.90 acres from R -1 (Single - Family Residential) zoning to C -2 Community
Commercial zoning and a development agreement is approved with the conditions listed in Section 8
with the provision that inappropriate conditions from Pioneer Irrigation be deleted.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Sobba. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Blacker, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous. Those absent: Callsen.
MOTION CARRIED
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUB- 112[2]E -04 A REQUEST BY TJ
ANGSTMAN AND HM DEVELOPMENT LLC FOR A TIME EXTENSION ON
HERITAGE MEADOWS SUBDIVISION)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being swom in, presented the staff report and
outlined the facts as written.
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. SUB- 112(2)E -04, a request by TJ
Angstman and HM Development LLC for a time extension on Heritage Meadows Subdivision is
approved with the provisions as stated within the staff report.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Blacker, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous. Those absent: Callsen
MOTION CARRIED
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUB- 146[1]E -04 A REQUEST BY TJ
ANGSTMAN AND BEAR RIDGE LLC FOR A TIME EXTENSION ON BEAR RIDGE
SUBDIVISION)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being swom in, presented the staff report and
outlined the facts as written.
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. SUB- 146(1)E -04, a request by TJ
Angstman and Bear Ridge LLC for a time extension on Bear Ridge Subdivision is approved with the
provisions as stated within the staff report.
Roll call vote. Those voting yes: Hopper, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Callsen.
MOTION CARRIED
MOVED by Blacker, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous. Those absent: Callsen
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA -91 -07 A REQUEST BY CALDWELL'S
PLANNING AND ZONING DIRECTOR TO AMEND SECTION 10 -02 -03 OF THE
CALDWELL ZONING ORDINANCE, THE HEIGHT, LOT LINE SETBACK, AND LOT
DIMENSION SCHEDULE AND DELETE SECTION 10 -02 -04 OF THE CALDWELL ZONING
ORDINANCE, THE SPECIAL SETBACK LINES)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and
outlined the facts as written.
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PAGE 22
Councilman Hopper questioned if the height requirement should be reduced in the R -3 (Multi - family)
zone as proposed within the ordinance. He noted that possibly the City would want to encourage four or
five -story multiple family facilities in the future.
Mr. Billingsley suggested that the height restriction in the R -3 (Multi - family) zone apply in areas where
the zone is adjacent to an R -1 zone.
Discussion followed concerning various modifications of the land -use schedule, setbacks, and lot sizes.
Mark Hilty, 1303 12' Avenue Road, Nampa, suggested that he work with staff concerning Note #11
under Table 2 to construct the appropriate language regarding non - conforming uses to be consistent with
the existing law.
In response to questions from Councilman Hopper, Mr. Billingsley confirmed that the City Center
Ordinance has its own guidelines and, therefore, these requirements do not apply to the City Center
Zone.
Discussion followed concerning the building height requirements for hospital structures and the
proposed lot size amendment in comparison with neighboring municipalities.
In response to questions from the Mayor, Mr. Billingsley noted that approximately three public meetings
have been conducted regarding the proposed ordinance.
The Mayor requested that Council members thoroughly review the proposed changes and forward any
comments to Mr. Billingsley prior to the next City Council meeting.
MOVED by Hopper, SECONDED by Blacker to continue the hearing to the next Regular City
Council meeting to be held on February 19, 2008 at 7:00 p.m. to allow for further modifications to the
proposed ordinance as referenced in testimony.
Those voting yes: unanimous. Those absent: Callsen.
MOTION CARRIED
(CONSIDER BILL 3 [ORDINANCE 27231 TO AMEND SECTION 10 -02 -03 OF THE
CALDWELL ZONING ORDINANCE WITH THE REQUEST TO WAIVE THE RULES, PASS
ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
[This item was continued to the next Regular City Council meeting to be held on February 19, 2008.]
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Sobba reported that the Finance Committee has reviewed current accounts payable in the
amount of $491,774.52 for the pay period ending January 31, 2008 and a net payroll in the amount of
$323,394.81 for the pay period ending January 19, 2008.
MOVED by Sobba, SECONDED by Blacker that accounts payable in the amount of $491,774.52
represented by check numbers 49831 through 50156 and the total payroll in the amount of $323,394.81
represented by check numbers 14543 through 14767 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Hopper reported that the Historic Preservation Commission desires to use extra dollars
from the HAT project for reprinting brochures regarding the City's walking tour.
Councilman Oates reviewed parliamentary procedures concerning the making of motions.
(MAYOR'S COMMENTS)
The Mayor introduced Larry Osgood, who has worked in the Engineering Department in a part-time
capacity for the past few years. He noted that it is his intent to present Mr. Osgood's name at the next
Regular City Council meeting as the Interim City Engineer /Public Works Director. He noted that
Gordon Law's last day with the City is March 14, 2008. Mr. Osgood's interim position will be
effective as of March 15, 2008 until the position is filled.
The Mayor reported that he will be attending the College of Idaho Senate meeting on Thursday,
February 7 along with Councilman Blacker and Dennis Cannon.
The next Regular City Council meeting will be held on Tuesday, February 19"', at 7:00 p.m. due to
President's Day on Monday, February 18"'.
BOOK 49 PAGE 23
(ADJOURNMENT)
MOVED by Blacker, SECONDED by Hopper to adjourn at 8:45 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 19th DAY OF FEBRUARY 2008.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk