HomeMy WebLinkAbout2006-03-06city council minutesBOOK 47
REGULAR MEETING
MARCH 6, 2006
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
Page 48
The Mayor welcomed everyone and asked Pastor Troy Hopper of the Caldwell First Christian Church to lead in
prayer. Everyone remained standing while one of the Girl Scouts in attendance led 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,
and Wells. Absent: none.
SPECIAL PRESENTATIONS
The Mayor read a proclamation declaring the week of March 5 -11, 2006 to be Girl Scout Week in Caldwell. The Girl
Scouts in attendance introduced themselves and presented Girl Scout cookies to each of the Council members.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Wells to remove Item #15 from the Consent Calendar as per the request from
the Engineering Department.
Those voting yes: unanimous.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
MOTION CARRIED
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 meeting held on February 21, 2006;
2. Approve Order of Decision on Case No. ANN- 110 -05 (Brooks Annexation);
3. Approve Order of Decision on Case No. ANN - 103 -05 (Conn Annexation) and execute development agreement;
4. Approve Order of Decision on Case No. SUB /PUD 126P -05 (Aspen Park Subdivision);
5. Approve Order of Decision on Case Nos. ANN- 102 -05 and SUB- 123P -05 (Montecito Park #4) and execute
development agreement;
6. Approve Order of Decision on Case Nos. SUB- 128P -05 and ANN- 105 -05 (Canyon View Estates) and execute
development agreement;
7. Approve Order of Decision on Case Nos. SUB /PUD- 127P -05 and ANN- 104 -05 (Dakota Crossing) and execute
development agreement;
8. Approve Resolution 40 -06 authorizing execution of an Additional Services Agreement with W &H Pacific for the
Midway Sewer Project;
9. Approve Resolution 41 -06 authorizing execution of a Professional Services Agreement with LKV Architects for the
Caldwell Airport Terminal;
10. Approve Resolution 42 -06 authorizing execution of a Memorandum of Agreement with the FAA for the Air Traffic
Operations equipment;
11. Approve Resolution 46 -06 authorizing execution of a Crossing Agreement with Black Canyon Irrigation District and
the Bureau of Reclamation for the Franklin Regional Lift Station and Sewer Project;
12. Approve Resolution 39 -06 authorizing execution of an Administrative Services Agreement and Benefit Plan with
Blue Cross of Idaho;
13. Approve Resolution 43 -06 authorizing execution of a State /Local Agreement with the Idaho Transportation
Department for the Caldwell Train Depot Historic Rehabilitation;
14. Approve Resolution 44 -06 authorizing execution and performance as assignee of an Assignment Agreement with
Providence Development Group, LLC and the Caldwell Urban Renewal Agency for the purchase of property;
15. Approve Resolution authorizing execution of a Professional Services Agreement with Project Engineering
Consultants, LTD for roundabout improvements at Middleton and Ustick; [Remove from the agenda]
16. Approve Resolution 45 -06 granting an underground power line easement to Idaho Power for Griffiths Park;
17. Approve Award of Bid to Boise Mobile Equipment in the amount of $44,943 for the purchase of a Prime Mover.
MOVED by Blacker, SECONDED by Dakan to approve the Consent Calendar as amended.
Those voting yes: Unanimous.
OLD BUSINESS
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: ANN - 109 -05 & SUB /PUD- 133P -05 [FIELDCREST VILLAGE] —
A REQUEST BY LANDMARK ENGINEERING TO ANNEX APPROXIMATELY 59.24 ACRES AND
PRELIMINARY PLAT APPROVAL THAT CONSISTS OF 204 RESIDENTIAL LOTS, 8 COMMERCIAL
LOTS AND 21 COMMON LOTS IN AN R -1 [SINGLE- FAMILY RESIDENTIAL] ZONE, R -3 [HIGH
DENSITY RESIDENTIAL] AND C -2 [COMMUNITY COMMERCIAL] TO INCLUDE A DEVELOPMENT
AGREEMENT)
BOOK 47
Page 49
Mark Hilty, City Attorney, reported that he is still researching legal concerns raised by the developer regarding the
obligation of installing a traffic signal. He requested that the hearing be continued. He noted that an ordinance and
the Order of Decision will be presented at the March 20 hearing.
MOVED by Oates, SECONDED by Hopper to continue the hearing to a time and date certain which is Monday,
March 20, 2006 at the Regular City Council Meeting at 7:00 p.m.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
NEW BUSINESS
REQUEST BY LANDMARK ENGINEERING FOR PRELIMINARY /FINAL (SHORT PLAT) APPROVAL
OF PRINDLE SUBDIVISION THAT CONSISTS OF 3 RESIDENTIAL LOTS ON .65 ACRES IN AN R -3
(MULTI- FAMILY RESIDENTIAL) ZONE LOCATED AT THE NORTHEAST CORNER OF GEORGIA
AVENUE AND LOCUST STREET.
Councilman Callsen indicated that he would refrain from voting on this item since he has previously heard this case as
a Planning & Zoning Commissioner.
The Mayor declared the public hearing open.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report
In response to questions from Mayor Nancolas, Brian Billingsley explained the Planning & Zoning Commission's
concerns with the cross access agreements between the three proposed lots and reported that their recommendation
was for a two lot subdivision rather than three lots.
In response to questions from Mayor Nancolas, Mark Hilty stated that if the Council were to consider the Planning &
Zoning recommendation for a two lot subdivision, the public hearing would not need to be renoticed.
Jed Wyatt, Applicant's Representative, testified in favor of the application. He presented a color map of the
development and pictures of the surrounding area Mayor Nancolas labeled the exhibit as CC -1000. Mr. Wyatt stated
that an ingress /egress easement will be established between the three lots.
Mayor Nancolas clarified that the multi - family housing structures have already been constructed, and therefore the
request has been made to accommodate the applicant with the ability to sell the lots independently.
Councilman Dakan asked how the parking lot would be maintained. Mr. Wyatt responded that a homeowner's
association would maintain the parking lot and all other property grounds.
Councilman Hopper stated his concern that Lot 2 would not have sufficient parking to support the triplex on its own
and since the parking lot is not a common lot, it would require dedicated parking to meet the City's standards. He
asked why a common lot was not established within the subdivision plat. Councilman Hopper noted that by creating
a common lot, it would be governed by a homeowners association, it would be common to all three of the lots within
the subdivision, and there would not be a ingress /egress issue because all three property owners would jointly share it.
Mr. Wyatt stated that he had researched similar developments within the Boise and Meridian area and approximately
one -half of the developments used a common lot configuration and the others used an easement agreement.
Councilman Hopper stated that he would have less issue with the development if the lines were drawn in such a way
that it was very clear for an appropriate number of parking spaces to belong to Lot 2 and likewise for Lots 1 and 3.
Brian Billingsley read Section 10 -02 -05 (6) of the City Code: "Off street parking facilities may be located on a
secondary lot other than the lot occupying the use which requires it, providing that the zoning classification of the
secondary lot is appropriate and provided approval of a special use permit is obtained for both lots."
Mark Hilty, City Attorney, responded to questions from Councilman Wells. He noted that there would not be a
problem with the way the lot lines are drawn if there is an appropriate access easement that includes language that
identifies a specific number of spaces for each lot. However, if parking would transpire on a different lot, then a
special use permit must be sought as stated within the code.
Councilman Wells asked if a special use permit could be considered without appropriate public hearing notification.
Mayor Nancolas clarified that a special use permit has not been requested by the applicant and special use permits are
granted by the Planning and Zoning Commission.
Mr. Wyatt suggested that through the use of signage, specific parking stalls could be designated for each housing unit
to include ADA stalls.
After discussion with the applicant's representative, Mr. Hilty stated that the applicant is willing to redraw the lot lines
thereby putting specific parking spaces on each lot which will meet City code requirements and still meet the
minimums required for the lot size. He recommended that a condition be included within the staff report which
requires an access easement, a parking easement and that the lot lines be redrawn in order to comply with the City
ordinance. If these conditions are not able to be met, then a special use permit must be obtained.
BOOK 47
Page 50
Mr. Wyatt responded to questions from Mayor Nancolas stating that the P &Z Commission recommended two lots,
however, the applicant is seeking three lots in order to acquire appropriate financing for purpose of resale.
MOVED by Dakan, SECONDED by Blacker to close the public testimony portion of this hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR SUB- 129(PF) -05:
The Mayor presented the Evidence List: sign up sheets, staff report, short plat, and CC- 1000 (packet of information
presented by Mr. Wyatt of the Prindle Subdivision).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR SUB- 129(PF) -05
MOTION CARRIED
MOVED by Blacker, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in the staff
report.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: none. Absent and/or
not voting: Callsen.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB- 129(PF) -05:
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public
testimony, the evidence list, and the fact that there are some issues with the application regarding compliance with the
City code and those issues will need to be addressed in the final decision.
Roll call vote. Those voting yes: Hopper, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or
not voting: Callsen.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 129(PF) -05:
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, Wells, and Blacker. Those voting no: none. Absent and /or
not voting: Callsen.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB- 129(PF) -05:
MOVED by Dakan, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. SUB- 129(PF) -05, a request by Landmark Engineering for preliminary & final plat
approval of Prindle Subdivision, which will consist of three lots to include the aforementioned conditions along with
adding Condition 8.12 as stated by the City Attorney within testimony and revising Condition 8.3 to read: "No new
building permits will be accepted for processing until the final plat has been recorded. Building permits shall be
issued in compliance with Subdivision Ordinance No. 1758, Section 11- 02 -16, Subsection M."
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or
not voting: Callsen.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to close this public hearing.
Those voting yes: unanimous.
(FINANCE AND HUMAN RESOURCE REPORTS)
MOTION CARRIED
Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of
$502,989.36 for the period ending February 28, 2006 and a net payroll in the amount of $206,362.84 for the pay
period ending February 18, 2006.
MOVED by Wells, SECONDED by Callsen that accounts payable in the amount of $502,989.36 represented by check
numbers 33544 through 33822 and a total payroll in the amount of $206,362.84 represented by check numbers 9468
through 9556 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
(COUNCIL COMMENTS)
MOTION CARRIED
Councilman Callsen reported that he met with the County Committee regarding the new Canyon County Dispatch
Center. Canyon County is in the process of purchasing property on the corner of Homedale & Cleveland Blvd.
(approximately 26 acres) through the use of a bond in the amount of $65 million. He noted that two bonds will be
paid off before May 2006 so there will be no increase to taxes if the bond is approved.
'ran i��C#%3 ,' �+nx .�'?�S.ti� �4a'"�5�7 - xcxk�?L �.,, ���:, ,�iti „ �.�y� • r ,
1 �'• h V � 7F'�y 1 F� J '. i
jhJ� :,L; 'x '"� ” ��w�' o-�!` Sf� ':1:;�jl�+;c= �4u5.= �°.?;•.'�C ' *_ ^ 9�'a��+`'4��i`^
�: } taE* 1t:,' x. �tw": ���f- s `_ "Y.�{��Git:��kn�,' quo.`-; �' ft�`: C&i.��n'?y�',nh*Ft'°.- 4:•m.'r�, �c'��_
dl- -..L-:S '�ih' 'R rrrm°, `• `'?J.`. a K4?: Q� it t, .t44�1'+�"�r }�? "�.
fo
3
��` : %c� x =- �•k'��'Y4°'�rtxk •'��fi' �.?�r,��,��?.: °, •"'
I
I -
r .t
_ I
ii f r
r xz
,1
•� J'
i