HomeMy WebLinkAbout2008-02-19city council minutesBOOK 49
REGULAR MEETING
February 19,2008
7:00 P.M.
PAGE 24
The Meeting was called to order by Mayor Nancolas.
The Invocation was offered by Pastor Royce Wright of Oasis Worship Center. The Mayor asked
everyone to remain standing for the Pledge of Allegiance to the Flag. Levi Wilkes from Boy Scout
Troop #436 led in the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan (by phone), and Sobba. Those absent: none.
SPECIAL PRESENTATIONS
Mr. Wilkes, leader of Boy Scout Troop #436, introduced the members of his troop who were in
attendance.
The Mayor introduced Mr. Ron Fortner, teacher from Caldwell High School who accompanied the
American Government students in attendance. The Mayor asked the students to introduce themselves.
The Mayor also acknowledged Rita Earl, former City Council member, and Larry Osgood, City
employee, in attendance.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Items #14 and #17
under the Consent Calendar and adding Item #18 under the Consent Calendar to read: "Approve
Resolution authorizing the bid approval and Notice of Award to Hills Construction for $99,181 (Base
Bid plus Alternate #1) for the Caldwell Train Depot Historic Rehabilitation Project — Phase II (ITD
Funding). ", and remove Item #3 under New Business as requested by the applicant who is withdrawing
their application.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no:
none. Absent and /or not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
Scott Stanfield of Mason and Stanfield, Inc. volunteered to serve on the selection committee
concerning the City Engineer position. The Mayor thanked Mr. Stanfield for offering to serve in this
capacity and stated that this information would be forwarded to the Human Resource Director.
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 February 4,
2008 and the Caldwell Industrial Airport Commission meeting held on February 7, 2008;
2. Approve Order of Decision for Case No. SUB- 112(2)E -04 (Heritage Meadows time extension);
3. Approve Order of Decision for Case No. SUB- 146(1)E -04 (Bear Ridge time extension);
4. Approve Order of Decision for Case No. SUB /PUD- 130F(1) -05 (Sawgrass Village #1 final plat);
5. Approve Resolution No. 20 -08 accepting easements for water and sewer lines from Western Idaho
Training Company;
6. Approve Resolution No. 21 -08 accepting an Avigation and Noise Easement from Van Engelen
Development, Inc. and Northwest Development, LLC for Pheasant Run Subdivision Phase No. 3,
4, and future Phase No. 5;
7. Approve Resolution No. 22 -08 accepting an Avigation and Noise Easement from North Pole, LLC
for the Caldwell Crossing Subdivision;
8. Approve Resolution No. 23 -08 accepting a Warranty Deed from Western Idaho Training
Company for right -of -way along Ustick Road;
9. Approve Resolution No. 24 -08 accepting a Quit Claim Deed from Vickie Ensly and Jim Sumpter
for right -of -way along Marshall Avenue;
10. Approve Resolution No. 25 -08 authorizing the execution of a Consent to Use Agreement from the
Bureau of Reclamation for a sewer line crossing of Solomon Drain;
11. Approve Resolution No. 26 -08 authorizing the execution of a Possession Agreement from Josie
Graham for right -of -way acquisition at the intersection of 10th Avenue and Linden;
12. Approve Resolution No. 28 -08 authorizing the execution of a State /Local Agreement from Idaho
Transportation Department for signal construction at 10' Avenue and Linden;
13. Approve Resolution No. 27 -08 authorizing the execution of an Appraisal Agreement to facilitate
right -of -way negotiation and acquisition for the 21" Avenue Indian Creek Bridge Project;
14. Approve Resolution authorizing the refunding of Golf Irrigation Revenue Bonds of $270,000 and
approving a municipal lease with Wells Fargo; [removed]
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15. Approve Resolution No. 29 -08 authorizing the approval of an irrevocable trust for the City's
health insurance funds;
16. Approve Resolution No. 30 -08 allocating $30,000 from the contingency account to the irrigation
fund for filters;
17. Approve request from the Caldwell Planning and Zoning Department for waiver of special use
permit application fees for the Caldwell School District's Washington Elementary School on
Linden Street; [removed]
18. Approve Resolution No. 31 -08 authorizing the bid approval and Notice of Award to Hills
Construction for $99,181 (Base Bid plus Alternate #1) for the Caldwell Train Depot Historic
Rehabilitation Project —Phase II (ITD Funding). [added]
MOVED by Oates, SECONDED by Hopper to approve the Consent Calendar as amended.
Those voting yes: unanimous.
OLD BUSINESS:
MOTION CARRIED
(CONTINUED 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., presented the staff report and outlined the proposed changes.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL 3 [ORDINANCE 27231 TO AMEND SECTION 10 -02 -03 OF THE
CALDWELL ZONING ORDINANCE (CASE NO. OA- 91 -07) WITH A REQUEST TO WAIVE
THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor read Bill No. 3 (Ordinance No. 2723) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10,
ARTICLE 2, SECTION 3 OF THE CALDWELL ZONING ORDINANCE CONCERNING THE
HEIGHT, LOT LINE SETBACK, AND LOT DIMENSION SCHEDULE AND DELETING IN ITS
ENTIRETY CHAPTER 10, ARTICLE 2, SECTION 4 OF THE CALDWELL ZONING
ORDINANCE CONCERNING THE ESTABLISHMENT OF SPECIAL SETBACK LINES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
3 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. 3, 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
(CONSIDER BILL NO. 64 [ORDINANCE 27151 FOR CASE NO. ANN - 166 -07 (TAMAYO
ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 64 (Ordinance No. 2715) by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND
THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS
PART OF THE C-2 (COMMUNITY COMMERCIAL) ZONE; DECLARING SAID LANDS BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
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ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF
THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF
THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE
IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
64 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. 64, 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
NEW BUSINESS:
(CONSIDER THE APPOINTMENT OF LARRY OSGOOD AS THE INTERIM PUBLIC
WORKS DIRECTOR/CITY ENGINEER EFFECTIVE MARCH 15, 2008)
The Mayor reported on the resignation of Gordon Law, City Engineer /Public Works Director, which is
effective as of March 14, 2008 and recommended the consideration of Larry Osgood as the Interim
Public Works Director /City Engineer effective March 15, 2008. Mr. Osgood is a P.E. and has retired
from the State of Idaho. He has been employed as a part-time project engineer for the City of Caldwell
since May 2, 2005.
MOVED by Oates, SECONDED by Blacker to approve the appointment of Larry Osgood as the
Interim Public Works Director /City Engineer for a period of time not to exceed five (5) months while
the selection process is pursued for the Public Works Director /City Engineer position.
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
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB - 126E -05 (ASPEN PARK TIME
EXTENSION) A REQUEST BY HST DEVELOPMENT LLC AND MASON AND STANFIELD
FOR A ONE -YEAR EXTENSION OF THE PRELIMINARY PLAT FOR ASPEN PARK
SUBDIVISION)
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
Anne Marie Skinner, 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.
She read a letter from Steven Bradbury into the record, which the Mayor labeled as CC -1001.
In response to questions from Councilman Hopper, Ms. Skinner outlined the changes to the Planning
& Zoning Code since the Aspen Park development was originally approved in 2005.
In response to questions from Councilman Hopper, Mr. Orton stated that the roadways have not been
completed within the development.
In response to questions from the Mayor, Mark Hilty, City Attorney, stated that new conditions cannot
be imposed on a development through an extension request.
In response to questions from Councilman Hopper, Mr. Hilty stated that the applicant may volunteer to
upgrade any of the original conditions.
Scott Stanfield, 314 Badiola Avenue, acknowledged being sworn in and presented facts concerning the
development's delay.
In response to questions from Councilman Hopper, Mr. Stanfield noted that a pedestrian pathway
could be created to assist with connectivity from the north to the retail complex and to the west. He
noted that the applicant is pursuing a condo plat process which would give feasibility for pathway
connectivity options.
Rita Earl, 314 Badiola Streeet, acknowledged being sworn in and reviewed the history of the
application and design determinations including the parking design, which was previously
recommended by staffto the Hearing Examiner and Council.
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MOVED by Blacker, SECONDED by Oates to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB - 126E -05:
The Mayor presented the Evidence List: staff report, preliminary plat, sign up sheets, CC -1000 (aerial
map of the site presented by Ms. Skinner), and CC -1001 (letter from Steven Bradbury).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. SUB - 126E -05:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker 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 extension request.
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
CONCLUSIONS OF LAW ON CASE NO. SUB - 126E -05:
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 of applicable state codes and local ordinances.
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
ORDER OF DECISION ON CASE NO. SUB - 126E -05:
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 - 126E -05, a request by HST
Development LLC and Mason and Stanfield for a one -year time extension on Aspen Park Subdivision
is approved with the conditions as outlined in the staff report as well as the agreement from the
applicant to provide pathway connection to the west and north.
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 Blacker, SECONDED by Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB - 114E -04 [WINDSOR CREEK
TIME EXTENSION] A REQUEST BY WINDSOR CREEK DEVELOPMENT LLC AND
MASON AND STANFIELD FOR A ONE -YEAR EXTENSION OF THE PRELIMINARY
PLAT FOR WINDSOR CREEK SUBDIVISION)
[By previous motion, this item was removed as per the request of the applicant to withdraw the
application.]
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUB- 186P -07 [WHITE PINE STATION
SUBDIVISION PRELIMINARY PLAT] A REQUEST BY 20/26 PROPERTY PARTNERS LLC
AND ELK MOUNTAIN ENGINEER FOR PRELIMINARY PLAT APPROVAL OF WHITE
PINE STATION SUBDIVISION CONSISTING OF 340 RESIDENTIAL LOTS AND 18
COMMON LOTS IN AN R -1 [SINGLE - FAMILY RESIDENTIAL] ZONE. THE SITE IS
LOCATED AT 19465 MIDLAND BLVD.)
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial of the
site, which the Mayor labeled as CC- 1000, and outlined the facts as written within the staff report.
She noted that the development's density is 2.42 dwelling units per acre.
In response to questions from Councilman Hopper, Ms. Skinner noted that she did not recall the parcel
along Midland being addressed as an out parcel within the development agreement.
Jeremy Ogden, 4286 E. Amity Avenue, Suite 101, Nampa, was sworn in by the City Clerk. He
presented a plat map of the site, which the Mayor labeled as CC -1001. He outlined the features of the
development. He noted that they concur with statements located in the staff report from the Brown
Bus Company and the engineering department but were unclear concerning comments made by the fire
department staff.
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In response to questions from Councilman Hopper, Mr. Ogden noted that the triangle - shaped piece of
property along Midland is owed by a private party and has been developed with three or four homes
located on the site. It is separated from the proposed development parcel by a 100 -11. railroad right -of-
way.
Greg Schmidt, 2443 Fair Oaks, Suite 248, Sacramento, California, signed in favor of the application
but chose not to speak.
Warren Stewart, 4286 E. Amity Road, Nampa, was sworn in by the City Clerk and spoke in favor of
the application. He addressed conditions outlined in the staff report from the fire department. He
noted that they will accommodate the secondary access request but requested clarification concerning
conditions due to the development's close proximity to the fertilizer plant, which is located north of the
site. The closest house would be located 250 -11. from the plant. He asked that the fire department
provide definition concerning the emergency evacuation plan and the emergency notification plan
request.
Discussion followed concerning the appropriateness of the fire department's comments being placed in
the staff report rather than in the development agreement.
Councilman Hopper expressed his concern regarding public safety and emphasized that the fire
department's conditions should not be ambiguous.
Mr. Stewart suggested that a comment appear on the final plant noting the close proximity of the
development to the fertilizer plant.
MOVED by Callsen, SECONDED by Blacker to continue the hearing to the next Regular City Council
meeting to be held on March 3, 2008 at 7:00 p.m. to allow staff the ability to research the two
conditions made by fire department staff and determine their enforceability and address the ambiguity
by detailing their definition of requirements.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,552,768.27 for the pay period ending February 14, 2008 and a net payroll in the amount
of $256,848.29 for the pay period ending February 2, 2008.
MOVED by Callsen, SECONDED by Dakan that accounts payable in the amount of $1,552,768.27
represented by check numbers 50157 through 50501 and the total payroll in the amount of $256,848.29
represented by check numbers 14768 through 14839 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Hopper reported that he recently hosted the Girls State Team Tournament involving the
Vallivue High School girls' team.
Councilman Blacker reported that Caldwell Economic Development Council is doing well and they
have made significant strides concerning the relocation of the TVCC Caldwell Campus and the
possibility of two big -box stores within the Sky Ranch Business Park. He also noted that Council is in
favor to conducting the State of City as a stand alone event in 2009 and recommended that the Mayor
contact the Caldwell Chamber of Commerce accordingly.
Councilman Blacker raised questions concerning the location of the downtown gazebo structure. The
Mayor stated that the structure's design and location had been approved by the Streetscape Committee
and Downtown Steering Committee and has been discussed at recent town hall meetings. Discussion
followed concerning this issue.
Councilman Sobba reported that he attended the Senior Citizen board and the Meals on Wheels
luncheon to honor their volunteers.
Councilman Hopper reported that he will be out of town on February 25 through March 5 He will
plan to attend the March 3` City Council meeting by phone. NOTE: The City Clerk will need to set
up a conference call connection for both Councilman Dakan and Councilman Hopper.
(MAYOR'S COMMENTS)
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The Mayor noted that he will be in Washington, D.C. on February 21 -23 to attend the National League
of Cities Youth Education and Family Conference. He will also be meeting with Senator Crapo and
his staff concerning the FEMA issue in downtown Caldwell.
A press conference concerning the FEMA issue will be conducted at the Indian Creek water wheel on
February 20"' at 2:30 p.m. Senator Crapo and Congressman Salli will be in attendance. At 3:30 p.m.
Congressman Salli will be conducting a town hall meeting at the Caldwell Library.
The College of Idaho will be hosting the City of Caldwell basketball night on February 22 °a . A limited
number of free tickets are available for City personnel through Susan Miller.
The Lincoln Day Celebration will be held at the Nampa Civic Center on February 20"' at 5:30 p.m.
The Van Buren School read -a -thon will be held on February 28"'. He encouraged Council members to
attend and read to the children. The event begins at 6:00 p.m. and will end at approximately 8:00 p.m.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (C)
AND (F) FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND POTENTIAL
LITIGATION)
MOVED by Oates, SECONDED by Blacker Hopper to convene into an Executive Session at 8:40 p.m.
pursuant to Idaho State Code 67 -2345, subsection 1(c) and (f) for the purpose of discussing property
acquisition and pending litigation.
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
MOVED by Oates, SECONDED by Callsen to reconvene into the Regular Council Meeting at 9:40
p.m.
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
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 9:45 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 3rd DAY OF MARCH 2008.
Councilperson
Councilperson
Councilperson
ATTEST:
City Clerk
Mayor
Councilperson
Councilperson
Councilperson