HomeMy WebLinkAbout2006-03-20city council minutesBOOK 47
REGULAR MEETING
MARCH 20, 2006
7:00 P.M.
The Meeting was called to order by Council President Blacker. Mayor Nancolas was not present.
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Council President Blacker welcomed everyone and asked Pastor William Toyer of the Montana Avenue Baptist
Church to lead in prayer. Blacker 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: Blacker, Hopper, Callsen, Wells and
Oates. Absent: Dakan.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Oates to add item 4(a) under New Business: Case No. SUB - 114(1) -F -04 a
request by Earl, Mason, and Stanfield for final plat approval of Windsor Creek Subdivision.
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 March 6, 2006, the Special City
Council meeting held on March 8, 2006, Caldwell Industrial Airport Commission meeting held on March 2, 2006, the
Caldwell Golf Board meeting held on February 15, 2006, and Friends of the Depot meetings held on November 9,
2005 and December 14, 2005,
2. Approve Order of Decision on Case No. ANN - 108 -05 & SUB- 132P -05 (Eldorado Estates) to include the execution of
the Development Agreement;
3. Approve Order of Decision on Case No. SUB- 129PF -05 (Prindle Subdivision);
4. Approve Resolution 50 -06 authorizing execution of a Professional Services Agreement with Project Engineering
Consultants, LTD, for Round -about Improvements at Middleton & Ustick;
5. Approve Resolution 49 -06 authorizing execution of a Right -of -Way Turnkey Agreement with Infotek One, Inc., for
the Caldwell Airport Terminal;
6. Approve Resolution 48 -06 authorizing execution of a Professional Services Engineering Services Agreement with
Toothman -Orton Engineering Company for the Caldwell Airport Project— AIP 16;
7. Approve Resolution 52 -06 accepting an easement from Sagewood Seniors Limited Partnership and Idaho
Development and Housing Organization, Inc., for Charmae Springs PI Pump Station;
8. Approve Resolution 51 -06 authorizing the waiver of parking fees associated with the downtown depot parking area
from 5"' Avenue to 9"' Avenue;
9. Approve the request for reassignment of City workforce to include an electrical inspector and an engineering
technician.
MOVED by Callsen, SECONDED by Hopper to approve the Consent Calendar as presented.
Those voting yes: Unanimous.
MOTION CARRIED
OLD BUSINESS
(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)
Council President Blacker declared this public hearing continued.
Mark Hilty gave the Council an update on this request. He stated that there have been modifications made to the
development agreement as follows:
Article 2, Section 13
Item 7: Add phrase: The applicant shall dedicate a 70 -foot width right -of -way from the section line ...
Item 13: The estimate of cost will be 25% of the total estimated cost for the improvement. (The City
Engineering Department is still calculating this estimate.)
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Item 20: Add phrase: The applicant agrees to construct noise abatement strategies and applications along the
residential portion of Karcher Road alignment to mitigate the noise impacts between these roadways
and this proposed development.
Item 32: Add phrase: In accordance with City requirements, no individual residential lot will be allowed to
take direct access to Lake Avenue or Karcher Road and no individual commercial lot will be
allowed to take direct access to Karcher Road. (This item will not be noted on the final plat as
originally discussed.)
Mr. Hilty stated that the annexation ordinance will be considered at the April 3` City Council meeting.
Clint Boyle, Landmark Engineering at 104 9"' Avenue South, Suite 3, Nampa, acknowledged being sworn in. Mr.
Boyle testified in favor of the application and stated that the applicant concurs with modifications made to the
development agreement. He asked that the Order of Decision be approved at tonight's hearing for the purpose of
financing.
Councilman Hopper asked Gordon Law if the project's design standards are compatible with the City's right -of -way
standards for Highway 55. Mr. Law replied that the right -of -way width is adequate to meet the intended design
standard on Highway 55.
MOVED by Hopper, SECONDED by Oates to close the public testimony portion of this hearing.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
EVIDENCE LIST FOR ANN- 109 -05 & SUP /PUD- 133P -05:
Council President Blacker presented the Evidence List: sign up sheets, staff report, sign -up sheets, preliminary plat,
CC -1000 (Fieldcrest Subdivision color layout), and CC -1001 (Map presented by Mrs. McKinney).
MOVED by Hopper, SECONDED by Wells to accept the Evidence List as presented.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR ANN- 109 -05:
MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff
report.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN- 109 -05:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the public
testimony, the evidence list, and the fact that there was no testimony in opposition to the application.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN - 109 -05:
MOVED by Hopper, SECONDED by Callsen 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, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 109 -05:
MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council orders that Case No. ANN- 109 -05, a request by Landmark Engineering and Planning to annex
59.24 acres of land into the City limits of Caldwell within the R -1 (Single - Family Residential) zone, R -3 Multi -
Family Residential) zone, and C -2 (Community Commercial) zone, to include a Development Agreement spelling out
the terms and arrangement of the rezone as amended by the testimony of Mark Hilty, City Attorney, is hereby
approved.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR SUB /PUD- 133P -05:
MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff
report.
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Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB /PUD- 133P -05:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the public
testimony, the evidence list, and the fact that there was no testimony in opposition to the application.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB /PUD- 133P -05:
MOVED by Hopper, SECONDED by Callsen 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, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB /PUD- 133P -05:
MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council orders that Case No. SUP /PUD- 133P -05, a request by Landmark Engineering and Planning for
preliminary plat and planned unit development approval of Fieldcrest Subdivision, which will consist of 204
residential lots, eight (8) commercial lots, and twenty -one (21) common lots, is approved with the aforementioned
conditions and the conditions listed under Section 14 to include the correction to Condition of Approval 12.36 which
should be amended to 25% of the road improvements.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOVED by Hopper, SECONDED by Callsen to close this public hearing.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
(CONSIDER BILL NO. 9, ORDINANCE NO. 2854 REGARDING BROOKS ANNEXATION, WITH A
REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE SUMMARY OF
PUBLICATION.)
MOVED by Hopper, SECONDED by Callsen to open this case.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
Council President Blacker read Bill No. 9 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 R -1 (SINGLE FAMILY
RESIDENTIAL) ZONE DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS
DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO
ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; 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 -2219.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 9 on its first
reading.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 9, move for its passage, and approve the summary
for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
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NEW BUSINESS
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(CONSIDER APPROVAL OF AN ORDER OF DECISION ON CASE NO. ANN - 109 -05 & SUB /PUD- 133P -05
[FIELDCREST VILLAGE] TO INCLUDE THE EXECUTION OF THE DEVELOPMENT AGREEMENT.)
MOVED by Hopper, SECONDED by Callsen to approve ANN - 109 -05 & SUB /PUD- 133P -05 to include the
development agreement with the amendments that were noted in the public hearing by Mr. Hilty, City Attorney.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
(PUBLIC HEARING TO CONSIDER RESOLUTION TO APPROVE A REQUEST BY VERN DEMARK
CONCERNING ROAD CLOSURE DURING NON - BUSINESS HOURS — NORTH & SOUTH END OF THE
900 BLOCK TO 7 TH STREET.)
MOVED by Hopper, SECONDED by Callsen to open the public hearing.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
Gordon Law, City Engineer, 621 Cleveland Boulevard, presented the staff report. He stated that a request was
submitted by Vern DeMark for permission to close, during the evening hours, a portion of 7 Avenue that abuts his
business property on both sides of the street. The matter was considered by the Traffic Commission and they did not
see any reason to object to the request. He noted that the Resolution includes the terms and conditions which would
be adequate to protect the City's interest on this particular matter.
In response to questions posed by Councilman Hopper, Mr. Law noted that the City granted a similar request from
D &B Supply to close Dearborn behind their facility. Their request was to close the road during the day and night.
Councilman Hopper replied that Dearborn Street had no other place to extend; however, in this case the block is
clearly used by the public for business and residential use. He noted that Mr. DeMark refers to reasons of security for
his request and asked Mr. Law if he knew more about the applicant's intent concerning that issue.
Mr. Law reported that the business was vandalized two or three times in close succession within the evening hours.
Mr. DeMark stated within his application that if he was allowed to fence off the road during the non - business hours,
he would be protected from future incidents. Mr. Law stated that the reason for the public hearing and notification,
even though it is not required in City or State code, was to obtain public comments concerning this request.
Councilman Hopper expressed his concern for closure of the road as it would affect weekend traffic associated with
other businesses located within the same block that are especially active on the weekend. By allowing this closure,
vehicles associated with the other businesses would be required to reroute to 5"' Avenue to complete the loop.
Discussion followed by the Council members regarding the request, time limits of the request, and setting a precedent
by approving such a request.
Councilman Callsen stated that Mr. DeMark should consider other methods to secure his property before cutting off a
public street. It was stated that it would have been helpful if Mr. DeMark had been present to answer questions
concerning his request.
MOVED by Hopper, SECONDED by Callsen to deny the request by Vern DeMark to close the 900 block of 7
Street.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, and Oates. Those voting no: none. Absent and/or not voting:
Dakan and Blacker.
MOTION CARRIED
(CONSIDER BILL NO. 15, [ORDINANCE NO. 25901 TO APPROVE ANNEXATION TO MUNICIPAL
IRRIGATION DISTRICT FOR CHARMAE SPRINGS SUBDIVISION NO. 1 AND NO. 2, WITH A
REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE SUMMARY FOR
PUBLICATION.)
Council President Blacker read Bill No. 15 by title only
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING
THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF
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 Callsen to waive the three reading process and consider Bill No. 15 on its first
reading.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, Oates and Blacker. Those voting no: none. Absent and/or
not voting: Dakan.
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MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 15, move for its passage, and approve the summary
for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, Oates and Blacker. Those voting no: none. Absent and/or
not voting: Dakan
MOTION CARRIED
(CONSIDER BILL NO. 14, [ORDINANCE NO. 25891 TO APPROVE ANNEXATION TO MUNICIPAL
IRRIGATION DISTRICT FOR EAST CALDWELL URBAN RENEWAL PHASE 1, WITH A REQUEST TO
WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE SUMMARY FOR
PUBLICATION.)
Council President Blacker Bill No. 14 by title only
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING
THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF
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 Callsen to waive the three reading process and consider Bill No. 14 on its first
reading.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, Oates and Blacker. Those voting no: none. Absent and/or
not voting: Dakan.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 14, move for its passage, and approve the summary
for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, Oates and Blacker. Those voting no: none. Absent and/or
not voting: Dakan.
MOTION CARRIED
(CASE NO. SUB - 114(1) -F -04 - A REQUEST BY EARL, MASON, AND STANFIELD FOR FINAL PLAT
APPROVAL OF WINDSOR CREEK SUBDIVISION)
Brian Billingsley, Senior Planner, presented the staff report and outlined the facts as written.
Gordon Law, City Engineer, stated that the Windsor Creek Subdivision was discussed with the council members
approximately four weeks ago concerning the signing of the final plat prior to the completion of the sewer system. He
noted that the City is constructing the sewer but it has been delayed due to the shortage of materials.
Mr. Law reported that upon approval of the final plat, a formal agreement will be compiled detailing conditions which
have been negotiated between the City and the developer. He noted that the agreement would expire at the time when
the sewer is operational. He estimated the time frame for completion of the City's sewer obligation will take
approximately 3 -4 weeks.
Councilman Hopper asked if the developer happens to complete a structure before the City's sewer obligation is done,
is there a chance that the City could be liable? Mr. Law and Mr. Hilty agreed that an indemnity clause could be added
to the agreement that would release the City from such a liability.
MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council orders that Case No. SUP /PUD- 114(1) -F -04 (Windsor Creek Subdivision), a request by
Windsor Creek Development, LLC for final plat approval to develop 93 residential lots is approved with the
conditions outlined by the City Engineer, Gordon Law, and the addition of Item 8 stating that the City is not liable for
tying up money based on unplanned delays with the completion of the sewer project.
Roll call vote. Those voting yes: Hopper, Callsen, Wells, Oates and Blacker. Those voting no: none. Absent and/or
not voting: Dakan.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Callsen reported that the Canyon County bond amount for new facilities has been set at approximately
$57 per a $150,000 home. He stated that he is in support of the bond measure since there is such a shortage of jail
space which impacts the City's law enforcement. He mentioned that the County is also proposing a new radio system
which could affect our emergency services.
Councilman Blacker reported that the CEDC private contributions are over $28,000. He mentioned he has been
attending County meetings concerning the bond issue. He noted that the ratio of crime has not increased but rather the
increase of population necessitates additional jail facilities. A City Council workshop will be conducted in May with
County staff giving updated information.
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