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HomeMy WebLinkAbout2006-04-17city council minutesBOOK 47 REGULAR MEETING APRILI7, 2006 7:00 P.M. The Meeting was called to order by Mayor Nancolas. Mayor Nancolas welcomed everyone and asked everyone to stand for the Pledge of Allegiance to the Flag. Page 63 The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan and Wells. Absent: None SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Blacker to approve the Agenda as presented. Those voting yes: Unanimous. AUDIENCE PARTICIPATION MOTION CARRIED The Mayor welcomed Mrs. Jackson, the government teacher at Caldwell High School, and asked her to have her students introduce themselves. CONSENT CALENDAR: 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 April 3, 2006, the Friends of the Depot meeting held on March 8, 2006, and the Caldwell Traffic Commission held on April 3, 2006; 2. Approve Resolution No. 56 -06 authorizing execution of a Appraisal Agreement with Real Estate Appraisal Services for the Franklin Regional Lift Station project; 3. Approve Resolution No. 57 -06 authorizing execution of a Review Appraisal Agreement with Appraisal West for the Franklin Regional Lift Station project; 4. Approve Order of Decision for Case No. SUB- 108(2)F -05 (Pheasant Run #2); 5. Approve Resolution No. 58 -06 accepting a public right -of -way deed from the Church of Christ along South 10"' Avenue and Ustick Road; 6. Approve Resolution No. 59 -06 accepting dedication of sewer, water and street light facilities for South Park No. 9 Subdivision Improvements; 7. Approve Resolution No. 60 -06 accepting dedication of sewer, water and street light facilities for Four Seasons Subdivision Improvements. MOVED by Dakan, SECONDED by Callsen to approve the Consent Calendar as printed. Those voting yes: Unanimous. OLD BUSINESS MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL): SUB- 137P -06 (MONARCH COMMERCIAL 42 SUBDIVISION) — A REQUEST BY ARBOR RIDGE LLC, FOR PRELIMINARY PLAT APPROVAL OF FOUR (4) COMMERCIAL LOTS AND ONE (1) COMMON LOT) The Mayor explained the quasi - judicial process. The City Clerk swore in those signed up to speak at any of the public hearings tonight. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. Mr. Billingsley stated that he did not know why the applicant was not in attendance. He spoke with the applicant today and he indicated that he would be attending the council meeting. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of this hearing Those voting yes: Unanimous. EVIDENCE LIST FOR SUB- 137P -06: Mayor Nancolas presented the Evidence List: sign up sheets, staff report, and preliminary plat MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB- 137P -06: BOOK 47 Page 64 MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 137P -06: MOVED by Hopper, SECONDED by Blacker to accept the testimony that was given this evening, the general facts as outlined in the staff report, and the evidence list that was presented; but, point out that the application would seem to be in violation somewhat of item 5.4 — the Land Use Requirements under our Comprehensive Plan Analysis, that the applicant does not maintain a high quality of life in his application. Also, in section 5.9 — Community Design of the Comprehensive Plan, fostering growth in a manner that would enhance and improve the visual image of the city; it does not seem to be the objective of this application. Also, note that the applicant was not present this evening. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: Wells. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 137P -06: 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 this preliminary plat, the public noticing requirements were met, and the hearing was held within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 137P -06 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. SUB- 137P -06, a request for preliminary plat approval of Monarch Commercial No. 2 Subdivision, which would consist of four commercial lots and one common lot, be denied based on the Findings of Fact of this Council. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Blacker. Those voting no: Wells and Oates. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. Those voting yes: Unanimous MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL): SUB- 135PF -06 (COUNTRY ACRES 43 SUBDIVISION) — A REQUEST BY BETTIE PILOTE FOR PRELIMINARY AND FINAL PLAT APPROVAL OF COUNTRY ACRES SUBDIVISION, CONSISTING OF TWO (2) RESIDENTIAL LOTS IN AN R -1 SINGLE - FAMILY RESIDENTIAL ZONE) The Mayor declared this public hearing open. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. Anne Marie Skinner, 2310 Wood Springs, acknowledged being swom in and spoke in support of this application. She stated that essentially this is an allowed use in this zone and both the preliminary plat and the final plat meet the technical requirements of the ordinance. Val Bush, 4407 Washington Avenue, acknowledged being sworn in and spoke in opposition to this application. Mr. Bush provided pictures of the area He would like to preserve the nature of the community and the neighborhood and maintain property values. If the lot size were maintained the same as other lots on the street, it would be much better for the property values. The Mayor labeled the pictures that were presented by Mr. Bush as CC -1000. Councilman Wells asked Mr. Bush if he felt that there should only be one residence on the property rather than two. Mr. Bush stated yes, this is correct. He is disturbed with the way everything is laid out on the whole street. Byron Moorehead, 4418 S. Washington Avenue, acknowledged being sworn in and spoke in opposition to this application. He is opposed to splitting this property into two lots and believes this would lower home values. Anne Marie Skinner reiterated that this is an R -1 zone, this is an allowed use, and the minimum lot size in an R -1 is 6,000 square feet with 7,500 on the corner. Both of these lots are well above this minimum. MOVED by Dakan, SECONDED by Callsen to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED BOOK 47 EVIDENCE LIST FOR SUB- 13 5PF-06: Page 65 Mayor Nancolas presented the Evidence List: sign up sheets, staff report, short plat, and CC -1000 (pictures presented by Val Bush). MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB- 13 5PF-06: MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 135PF -06: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony given this evening, and the evidence list that was approved. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 13 5PF-06: 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 this preliminary plat, the public notice requirements were met, and the hearing was held within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 135PF -06 MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 135PF -06, a request for preliminary and final plat approval of Country Acres Subdivision No. 3, which will consist of two residential lots, is hereby approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. Those voting yes: Unanimous MOTION CARRIED (CONSIDER BILL NO. 12 (ORDINANCE 2587) REGARDING ANNEXATION OF CANYON VIEW ESTATES SUBDIVISION WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas read Bill No. 12 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 (LOW DENSITY 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 Dakan, SECONDED by Hopper to suspend the three reading process and consider Bill No. 12 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 12, move for its passage, and approve the summary for publication. BOOK 47 Page 66 Roll call vote. Those voting yes: Callsen, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 13 (ORDINANCE 2588) REGARDING ANNEXATION OF DAKOTA CROSSING SUBDIVISION WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION.) Mayor Nancolas read Bill No. 13 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 (LOW DENSITY RESIDENTIAL), R -3 (HIGH DENSITY RESIDENTIAL), AND C -2 (COMMUNITY COMMERCIAL) 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 Dakan, SECONDED by Callsen to suspend the three reading process and consider Bill No. 13 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 13, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 16 (ORDINANCE 2591) REGARDING ANNEXATION OF FIELDCREST VILLAGE SUBDIVISION WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION.) Mayor Nancolas read Bill No. 16 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 (LOW DENSITY RESIDENTIAL), R -3 (HIGH DENSITY RESIDENTIAL), AND C -2 (COMMUNITY COMMERCIAL) 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 Dakan, SECONDED by Hopper to suspend the three reading process and consider Bill No. 16 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 16, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 20 (ORDINANCE 2595) REGARDING THE ADOPTION OF THE GRAFFITI ORDINANCE WITH THE REQUEST TO WAIVE THE THREE- READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION.) BOOK 47 Page 67 Mark Hilty, City Attorney, gave the staff report and a summary of this bill. Bob Sobba, Police Chief, spoke in support of this bill and provided a summary for the purpose of this bill. There was discussion about the language in the ordinance, specifically identifying what conditions would warrant suspicion and where the burden of proof would lie. Councilman Hopper, Councilman Callsen, Councilman Dakan, and Councilman Wells discussed possible challenges with this bill; but, this is a start and as time goes on, if revisions are necessary then revisions can be made. The Mayor explained the Mayor's Youth Advisory Council's participation on the issue of graffiti and he asked the students present what opinions they had regarding this bill. Vanessa Campos, Caldwell High School student, suggested that there be a place for people to do graffiti. It would be more like a business and people would pay to display their work. Mrs. Jackson, Caldwell High School government teacher, spoke in support of Vanessa's idea. She stated that San Diego has allowed graffiti on a bridge and it has become a tourist attraction. MOVED by Oates that based on the overly broad provisions of the possession section described during the hearing, move to delete the section titled 08 -19 -06 — Possession of Graffiti Implements in its entirety. MOTION NOT CARRIED MOVED by Oates that based on its overly broad nature, move to delete paragraph B of section 08 -19 -06 — Possession of Graffiti Implements in its entirety. MOTION NOT CARRIED The Mayor declared a 5- minute recess in order for Mark Hilty and Chief Sobba to review the existing language under Possession of Graffiti Implements and review proposed language changes. MOVED by Oates, SECONDED by Hopper that based on Chief Sobba's testimony this evening about the burden of proof in any prosecution under this ordinance being upon the state, move to amend the ordinance by striking the last sentence in 08- 19 -06, paragraph A, which begins with "the burden of proof' and deleting this entire sentence. Roll call vote. Those voting yes: Oates, Hopper, Wells, and Blacker. Those voting no: Callsen and Dakan. Absent and /or not voting: none. MOTION CARRIED Mayor Nancolas read amended Bill No. 20 by title only: AN ORDINANCE AMENDING CHAPTER 8 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ENACTING A NEW CHAPTER 8, ARTICLE 19, SECTIONS 08 -19 -01 THROUGH 08 -19 -07 DEFINING TERMS USED IN THE ORDINANCE; PROHIBITING GRAFFITI AND PROVIDING FOR ITS REMOVAL; PROHIBITING THE POSSESSION OF GRAFFITI IMPLEMENTS IN CERTAIN CIRCUMSTANCES; PROVIDING THAT VIOLATION OF THE ORDINANCE SHALL BE A MISDEMEANOR; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Dakan, SECONDED by Hopper to suspend the three reading process and consider amended Bill No. 20 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Callsen. Those voting no: Oates. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor amended Bill No. 20, move for its passage on the first reading, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: Oates. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. Those voting yes: Unanimous. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL): SUB- 138P -06 (AZURE PLACE) - A REQUEST BY EDWARD DUBBER FOR PRELIMINARY PLAT APPROVAL OF 6 COMMON LOTS & 28 RESIDENTIAL LOTS IN A R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE) The Mayor declared this public hearing open. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. BOOK 47 Page 68 Chuck Stadick, representing Grace Lutheran Church at 2700 S. Kimball, acknowledged being sworn in and spoke in support of this application. Laren Bailey, 3130 S. Owyhee Street, Boise, acknowledged being sworn in and is presenting for Mr. Dubber, the applicant. They have made changes to the project based on comments made by surrounding neighbors. They are not extending any new city services, but just connecting to those services already in place. The Mayor labeled a small colored map of the area as CC -1000. Thomas Doan, 2706 S. Kimball Avenue, acknowledged being sworn in and spoke in support of this application. MOVED by Oates, SECONDED by Hopper to close the public testimony portion of this hearing. 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 EVIDENCE LIST FOR SUB- 138P -06: Mayor Nancolas presented the Evidence List: sign up sheets, staff report, preliminary plat, and CC -1000 (a small colored map of the area presented by Mr. Bailey). MOVED by Oates, SECONDED by Hopper to accept the Evidence List as presented. 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 COMPREHENSIVE PLAN ANALYSIS FOR SUB- 138P -06: MOVED by Hopper, SECONDED by Oates to adopt the Comprehensive Plan Analysis as presented in the staff report under Roman Numeral V. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED 1010,1111MMIKO)0IfffllIma 4AIR]000WIYO: "dwrQ MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, the evidence list just approved, the public testimony given this evening, and note that there was no opposition to the applicant's request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 138P -06: MOVED by Oates, SECONDED by Hopper that the Caldwell City Council has the authority to recommend that this preliminary subdivision request be approved or denied, the public notice requirements were met, and the hearing was held within applicable codes and ordinances. 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 ORDER OF DECISION ON CASE NO. SUB- 138P -06: MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 138P -06, a request for preliminary plat approval of Azure Place Subdivision which will consist of twenty -eight residential lots and six common lots is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to close the public hearing. Those voting yes: Unanimous MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL): SUB- 134PF -05 (CLAYTON PLACE SOUTH) - A REQUEST BY DON WATTS [DAN WESTMARK] FOR PRELIMINARY AND FINAL PLAT APPROVAL OF 8 THREE - PLEX LOTS & 1 COMMON LOT IN AN R -2 ( MEDIUM - DENSITY RESIDENTIAL) ZONE) The Mayor declared the public hearing open. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. BOOK 47 Page 69 Dan Westmark, 10110 Springdale Court, Boise, acknowledged being sworn in and spoke in support of this application. Cheri Hess, 9337 Hwy 44, Middleton, acknowledged being sworn in and spoke in support of this application. MOVED by Dakan, SECONDED by Oates to close the public testimony portion ofthis hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED EVIDENCE LIST FOR SUB- 134PF -05: Mayor Nancolas presented the Evidence List: sign up sheets and staff report. MOVED by Hopper, SECONDED by Oates to accept the Evidence List as presented. Those voting yes: Unanimous. COMPREHENSIVE PLAN ANALYSIS FOR SUB- 134PF -05 MOTION CARRIED MOVED by Hopper, SECONDED by Oates to approve and accept the Comprehensive Plan Analysis as presented in the staff report under Roman Numeral V. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 134PF -05: MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony given this evening, the evidence list that was approved, and note that there was no opposition to the application. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 134PF -05: MOVED by Oates, SECONDED by Hopper that the Caldwell City Council has the authority to recommend that this preliminary subdivision request be approved or denied, the public notice requirements were met, and the hearing was held within the guidelines of applicable codes and ordinances. 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 MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 134PF -05, a request for preliminary and final plat approval of Clayton Place South Subdivision, which will consist of eight residential lots and one common lot, is hereby approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Hopper to close the public hearing. Those voting yes: Unanimous. MOTION CARRIED (PUBLIC HEARING (LEGISLATIVE): CONSIDER BILL NO. 19 (ORDINANCE 2594) REGARDING THE ADOPTION OF AN EMERGENCY STORMWATER MANAGEMENT MANUAL WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Gordon Law, 621 Cleveland Blvd., gave the staff report. He indicated that the board members from Pioneer Irrigation District were in attendance and he had Alan Newbill, Chairman introduce the board members. Staff has evaluated the original stormwater policy manual and received numerous phone calls and has concluded that there are many aspects of the existing stormwater manual that worked well and there were a few that did not work very well at all. In general, those things that did not work very well were related to retention ponds and detention ponds. Staff has concluded that these constitute a threat, if the storm events repeat as they have three times in the last twelve months, to the safety of the public. He referred Council to the memorandum he prepared identifying seven items where there are shortfalls and seventeen items where staff has tried to modify, amend, or otherwise adjust the existing policy to account for the seven shortfalls. BOOK 47 Page 70 Law continued: He received a request from Pioneer Irrigation District Board that is related to an ongoing concern that they have related to the Clean Water Act. The board requests that the City remove from their policy a requirement that developers obtain permission from Pioneer for proposed drainage into an existing drainage ditch. This has been done. Councilman Wells and Mr. Law discussed the increased rate of stormwater runoff and the quality of the runoff. Law stated that the emergency ordinance can only be in affect for a maximum of 182 days and it cannot be reinstituted until a waiting period of a year passes between its expiration and reimplementation. Councilman Hopper and Mr. Law discussed the function and safety of retention ponds versus detention ponds. Andrew Walddera, Attorney for Pioneer Irrigation District, spoke in opposition to this ordinance and handed out documents to Council. Regarding proposed change number 16, which was the request of Pioneer requiring them to obtain District approval for discharge of stormwater into the drains, he requested it be removed. The District cannot approve any plans from developers that affirmatively show stormwater drainage or discharge into any of their facilities. The District does not want developers seeking the District's approval of plans that they know the District cannot approve and that would be plans that show any kind of discharge into a Pioneer facility. There are basic reasons for this, the Clean Water Act concerns as well as flooding concerns. Walddera continued: The Clean Water Act sets stiff civil and criminal penalties that the District would have to face should the agricultural return flow exemption be lost. The law is quite clear that if the District accepts anything other than 100% agricultural return flows, the exemption could be lost. The penalty is up to $50,000 per day per violation as well as jail time. Councilman Wells and Mr. Walddera discussed the operation, funding and ownership of Pioneer and its relationship with the Bureau of Reclamation. Councilman Hopper and Mr. Walddera discussed the recent storm events and how stormwater reached drains. Mr. Walddera stated that the current proposed plan is making an attempt to channel what would be non -point source flows and actually make them point source flows into irrigation facilities. The District cannot accept these discharge pipes into its facilities. With the extent that this emergency plan or developers need to somehow convey through a discrete point source these waters into an irrigation facility, this is what the District cannot have. Mr. Walddera discussed the provisions as set forth in the Clean Water Act and spoke about situations in the Ada County area Mark Hilty, City Attorney, stated that it is difficult to deal with the notion that any discharge of stormwater into drainage facilities that have been used in and around Caldwell by those very lands for decades and decades is something that the irrigation district cannot live with. Mr. Hilty asked Mr. Walddera for clarification on the districts position, is it —just don't send the developers to us seeking approval or is it — don't pass anything that could ever be used to create discharge into our facilities of urban storm runoff. Mr. Walddera responded that the district does not want any knowing discharge into its facility and it will have to disapprove of or not lend its support to anything that comes before it that does. MOVED by Wells, SECONDED by Dakan to continue this item to a time and date certain, which is May 1, 2006 at 7:00 p.m. at the Regular City Council Meeting. Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $825,137.23 for the period ended April 12, 2006 and a net payroll in the amount of $212,167.96 for the pay period ended April 1, 2006. MOVED by Wells, SECONDED by Callsen that accounts payable in the amount of $825,137.23 represented by check numbers 34455 through 34724 and the total payroll in the amount of $212,167.96 represented by check numbers 9725 through 9790 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 Dakan reported that they had their first meeting in the new Sage building in Garden City. Sage reported that they have recently found about $7 million, which they will be putting into a revolving fund for communities to use. Councilman Hopper reported that he and the Mayor are meeting with Valley Ride on May 3` to talk about services in Canyon County. Valley Ride is trying to create a west Canyon loop that takes in the rural communities of Notus, Parma, and Wilder and brings them into Caldwell as the transfer point. Any concerns about existing routes and funding issues for transient in Caldwell, let them know so that consideration can be given for Valley Ride's budget for next year. i { .I .r ` :a��• ~ � . hk§'atir , � , �; rlr .$tiE-�$"'1F4f�.'�35'+_'�' 4 �.�s; , fYT•'; �xt' k7r std °�i'%,S�k'T - i' SJ.• a+ +:- , ',rai�Yx771.Y'w7��i7aFN'tl� 1. . 4 - _3tv anon t . r