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HomeMy WebLinkAbout2009-03-16city council minutesBOOK 50 REGULAR MEETING MARCH 16, 2009 7:00 P.M. PAGE 31 The Council President, Jim Blacker, reported that Mayor Nancolas was attending the National League of Cities Congressional Conference in Washington, D.C. The Council President asked that everyone stand for the invocation given by Pastor Earl Lowen of the First Southern Baptist Church and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Oates, Hopper, Callsen, Dakan, and Sobba. SPECIAL PRESENTATIONS Anne Marie Skinner presented information concerning the process to obtain building permits and certificates of occupancy for commercial business sites. The Council President requested that a summarization be provided by the Planning & Zoning Department to Council members and available to the public as a source of information. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Hopper to amend the agenda by adding an Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection 1(c) for the purpose of discussing acquisition of property. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Council President presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Special City Council (Workshop) Meeting held on March 2, 2009; the Regular City Council Meeting held on March 2, 2009; the Friends of the Caldwell Depot Meeting held on January 15, 2009; the Library Board Meeting held on February 5, 2009; the Caldwell City Traffic Commission Meeting held on March 2, 2009; and the Caldwell Industrial Airport Commission Meeting held on March 5, 2009; 2. Approve Resolution No. 49 -09 approving the memorandum of agreement with the Idaho State Historic Preservation Office for CLG funding for the period of October 1, 2008 through August 30, 2009; 3. Approve Resolution No. 50 -09 accepting a Deed from Centennial Baptist Church for public right - of -way along Ustick Road; 4. Approve Resolution No. 51 -09 accepting an Easement from Centennial Baptist Church for the purpose of constructing, operating, and maintaining water lines and sewer main; 5. Approve Resolution No. 52 -09 accepting items declared as personal property associated with the Land Sales Contract located at 216 South 7 Avenue. MOVED by Oates, SECONDED by Hopper to accept the Consent Calendar as presented. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL] CASE NUMBER ZON -64 -08 & SUB /PUD- 198P -08 A REQUEST BY LANDMARK ENGINEERING AND PLANNING, PROJECTS WEST INC., AND L209 -1 ID HOUSTON LLC FOR PRELIMINARY PLAT /PLANNED UNIT DEVELOPMENT APPROVAL OF GOLDEN VIEW SUBDIVISION CONSISTING OF 425 BUILDING LOTS ON 127.83 ACRES; A COMPREHENSIVE PLAN MAP AMENDMENT OF 37.65 ACRES FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; A REZONE OF 37.65 ACRES FROM R -1 LOW DENSITY RESIDENTIAL TO C -2 COMMUNITY COMMERCIAL; AND, AN AMENDED DEVELOPMENT AGREEMENT. THE SITE IS LOCATED AT THE SOUTHWEST CORNER OF MARBLE FRONT ROAD AND KCID ROAD) The Council President opened the public hearing and asked that the City Clerk swear in those who would be giving testimony. BOOK 50 PAGE 32 Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report. She noted that the hearing was continued two times at the request of the applicant for the purpose of working with staff on traffic related issues. City staff now supports the resolve of the traffic mitigation issues. The new development agreement will amend the existing development agreement which accompanied the approved annexation in December 2006. She noted that the plan meets the provisions of the landscaping ordinance. The site plan also provides for a future school site for Vision Charter School, an assisted living facility, and commercial sites. She presented the aerial map of the site and the site plan, which the Council President labeled as CC -1000 and CC- 1001. Brent Orton, 621 Cleveland Blvd., was sworn in and reported on the resolve of traffic mitigation discussions. The applicant has negotiated and purchased the right -of -way for the out parcel associated with the plat. Clint Boyle, 332 North Boardmore Way, Nampa, acknowledged being sworn in and spoke in favor of the project. He noted that they have met with staff numerous times concerning alternations to the original plat and have worked through several issues. The golf course would be a small three -hole course. He noted that St. Luke Hospital owns property located to the west of the development. John Carpenter, 332 North Broadmore Way, Nampa, acknowledged being sworn in and spoke in favor of the project. He noted they have had difficulties in working with Pioneer Irrigation concerning this project. Paul Edminister with Projects West, 2014 Meridian, Puyallup, Washington, acknowledged being sworn in and spoke in favor ofthe project. In response to questions from Councilman Hopper concerning the golf course and the planned unit development amenities, Ms. Skinner noted that the planned unit development requirements would still be met even without the golf course since they have planned for six optional amenities. She indicated that the developer is getting credit for frontage improvements against the overall traffic study. Anne Marie stated that language concerning the traffic study credit has been included in the staff report. MOVED by Callsen, SECONDED by Dakan to close the public testimony portion of the hearing Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Oates, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON -64 -08 and SUB /PUD- 198P -08: The Mayor presented the Evidence List: staff report, sign -up sheets, CC -1000 (aerial map of the site presented by Anne Marie Skinner), and CC -1001 (site plan). MOVED by Callsen, SECONDED by Dakan to accept the Evidence List as presented. COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 64 -08: MOVED by Hopper, 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: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ZON- 64 -08: MOVED by Hopper, 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 public opposition to the request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON- 64 -08: 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, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. ZON- 64 -08: MOVED by Hopper, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law, the City Council hereby orders that Case No. ZON -64 -08 a request by Landmark Engineering and Planning, Projects West Inc., and L209 -1 ID Houston LLC for a comprehensive plan map amendment of 37.65 acres from Low Density Residential to Commercial and a rezone of 37.65 acres from R -1 Low Density Residential to C -2 Community Commercial and an amended development agreement is approved with the conditions as outlined in the staff report. BOOK 50 PAGE 33 Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 64 -08: MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB /PUD- 198P -08: MOVED by Hopper, 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 opposition to the request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB /PUD- 198P -08: 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, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB /PUD- 198P -08: MOVED by Hopper, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law, the City Council hereby orders that Case No. SUB /PUD- 198P -08, a request by Landmark Engineering and Planning, Projects West Inc., and L209 -1 ID Houston LLC for preliminary plat/planned unit development approval of Golden View Subdivision consisting of 425 building lots on 127.83 acres, is approved with the conditions as outlined within the staff report and noting that the applicant will be given credit for the improvements on the out parcel against his total traffic mitigation. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Callsen to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB - 155E -06 A REQUEST BY SUSAN WILDWOOD AND LOW'S CONCRETE APPEALING THE CALDWELL PLANNING AND ZONING COMMISSION'S DECISION APPROVING A ONE - YEAR TIME EXTENSION FOR THE PRELIMINARY PLAT OF EAGLE ROCK SUBDIVISION. THE SITE IS LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF HIGHWAY 20/26 AND MIDLAND BOULEVARD) Per the request of the applicant, this public hearing has been continued to the Regular City Council Meeting to be held on April 20, 2009 at 7:00 p.m. NEW BUSINESS: (PUBLIC HEARING (LEGISLATIVE): A REQUEST BY THE CITY ENGINEER TO ACCEPT ORAL AND WRITTEN PUBLIC COMMENT ON THE PROPOSED AMENDMENTS TO THE "CITY OF CALDWELL SUPPLEMENTAL SPECIFICATIONS TO THE 2003 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION. ") Larry Osgood, 621 Cleveland Blvd., outlined the reasons for the request and provided details concerning this issue. He noted that severe corrosion has transpired due to a particular fitting, which connects the water line to the PVC line. The life ofthe fitting is approximately 15 years. Three or four have failed at this point. The replacements will be made of bronze material. Councilman Hopper commented on the necessity to plan for this additional expense for replacement purposes within upcoming budgeting sessions. Mr. Osgood concurred with this recommendation. MOVED by Hopper, SECONDED by Callsen to close the public hearing Those voting yes: unanimous. BOOK 50 PAGE 34 MOTION CARRIED (CONSIDER BILL NO. 4 [ORDINANCE NO. 27871: "CITY OF CALDWELL SUPPLEMENTAL SPECIFICATIONS TO THE 2003 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION" WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Council President read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL PURSUANT TO IDAHO CODE § 67 -6518 AMENDING "CITY OF CALDWELL SUPPLEMENTAL SPECIFICATIONS TO THE 2003 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION' STANDARDS FOR PUBLIC AND PRIVATE DEVELOPMENT; 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 Callsen to waive the three reading process and consider Bill No. 4 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 4 and move for its passage. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. 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 $1,180,672.67 for the pay period ending March 11, 2009 and a net payroll in the amount of $274,915.34 for the pay period ending February 28, 2009. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,180,672.67 represented by check numbers 58978 through 59259 and the total payroll in the amount of $274,915.34 presented by check numbers 17260 through 17328 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) Council Callsen reported that he recently met with the Trails and Pathways Committee under the direction of the Planning & Zoning Department. He encouraged Council Members to submit any ideas they may have concerning this issue to Brian Billingsley, Planning & Zoning Director. Councilman Hopper reported that the Caldwell Historic Preservation Commission (CHPC) is working to restore the tree canopies within the historic residential neighbors. The CHPC has asked what the City can do to help promote this effort. The Mayor and City Forester are researching incentive plans to help citizens participate such as a bulk purchase of trees or assistance with installation. Councilman Blacker reported that the Mayor's Newsletter has been placed on the City's website. (MAYOR'S COMMENTS) None. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1(C) FOR THE PURPOSE OF DISCUSSING ACQUISITION OF PROPERTY) MOVED by Hopper, SECONDED by Oates to convene into an Executive Session at 8:16 p.m. pursuant to provisions of Idaho Code 67 -2345, Section 1(c) for the purpose of discussing acquisition of property. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and/or not voting: none. MOVED by Oates, SECONDED by Hopper to reconvene into regular session. Those voting yes: Unanimous. (ADJOURNMENT) MOTION CARRIED MOVED by Oates, SECONDED by Hopper to adjourn at 9: 16 p.m. BOOK 50 Those voting yes: unanimous. PAGE 35 MOTION CARRIED APPROVED AS written THIS 6th DAY OF APRIL 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk