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HomeMy WebLinkAbout2005-04-18city council minutesBOOK 46 REGULAR MEETING APRIL 18, 2005 7:00 P.M. The Meeting was called to order by Mayor Nancolas. PAGE 58 The Invocation was offered by Pastor James Dunn of Living Waters Worship Center. The Mayor 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: Hopper, Ozuna, Dakan, Wells, Blacker and Oates. Absent: None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Ozuna to add an Item #11 under the Consent Calendar to approve execution of a Crossing Agreement with the Bureau of Reclamation for the Georgia Avenue Bridge. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED AUDIENCE PARTICIPATION Jason Cotter, 2100 S. Churchill Drive, Nampa, addressed Council to request the opportunity to work with staff on a new zoning designation for the area by the lake in order to preserve some open space and adjust the density to avoid high density. The Mayor stated that this area is not part of the City's impact area. However, we have an opportunity to set the bar at a level where we expect to have property developed out there. This is an area we are trying to pursue. Councilman Wells asked Mr. Cotter if he were interested in less density than the recently approved annexation at 2.5 units per acre. Mr. Cotter stated that it is more about view preservation and how the subdivision is laid out. They would be thrilled with 2.5 units per acre. Councilman Wells stated that if Mr. Cotter has some ideas on how to preserve this area for higher end development that would be welcomed. Councilman Hopper stated that he agrees with Councilman Wells' comments. He stated that he would encourage efforts from Mr. Cotter to help determine what other components are important in that area. The Mayor stated that Council would welcome any suggestions. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the April 4, 2005 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Library meeting held on March 3, 2005 and the Caldwell City Traffic Commission meeting held on April 4, 2005; 3. Approve Orders of Decision on Case No. SUP- 232(A) -04 (Bradshaw Appeal) and Case No. SUP- 233(A) -04 (Bradshaw Appeal); 4. Approve Resolution No. 57 -05 authorizing public support to IDAHO, Inc. with regards to the Arbor Cove Disabled Homeless project; 5. Approve Resolution No. 58 -05 authorizing execution of a Professional Services Agreement with Hydro Logic, Inc. for consultant services related to the Well #19 project; 6. Approve Resolution No. 59 -05 authorizing execution of a Professional Services Agreement with Toothman -Orton Engineering Co. for the Blaine and Cleveland Curb Replacement project; 7. Approve Resolution No. 60 -05 accepting dedication of sewer main, water main, and street lights for Aspens Subdivision No. 2 Improvements by Heartland Development, LLC; 8. Approve Resolution No. 61 -05 accepting dedication of a sewer main, water main, storm drain, and street lights for Weston Pointe Subdivision No. 2 Improvements by Heartland Development, LLC; 9. Approve Resolution No. 62 -05 granting an easement to Qwest Communications for installing, operating, and maintaining communications equipment on city property; 10. Approve award of bid for the Train Depot Plaza & Parking Project; 11. Approve Resolution No. 63 -05 for execution of a Crossing Agreement with the Bureau of Reclamation for the Georgia Avenue Bridge. MOVED by Oates, SECONDED by Hopper to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED BOOK 46 OLD BUSINESS PAGE 59 (CONTINUATION OF PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. SUB- 58B(F) -00 ( BLACKHAWK SUBDIVISION 45), A REQUEST BY ARBOR RIDGE LLC FOR FINAL PLAT APPROVAL OF PHASE 5 OF BLACKHAWK SUBDIVISION) The Mayor explained the quasi - judicial hearing process. The Mayor declared this public hearing open. The Deputy City Clerk swore in those signed up to speak at the public hearings this evening. Wendy Kirkpatrick, Senior Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She submitted a memo regarding the bonding amount and stated that the Engineering Department has approved a bond for $23,000 for improvements that need to be made. The Mayor labeled this memo as Item #CG 1000. Kent Brown, 1800 W. Overland Road, Boise, acknowledged being sworn in and spoke in favor of the application. He stated that to his knowledge everything has been completed or bonded for in phase #5. MOVED by Hopper, SECONDED by Dakan to close the public testimony portion of the public hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED EVIDENCE LIST FOR SUB- 58B(F) -00: The Mayor presented the Evidence List: Staff report, sign -up sheets, final plat, and CC -1000 (a memo regarding the bonding amount). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED FINDINGS OF FACT FOR SUB- 58B(F) -00 MOVED by Hopper, SECONDED by Blacker to submit as Findings of Fact the facts as outlined in the staff report, the public testimony that has been given this evening, the evidence list as approved, and the fact that there was no opposition to the applicant's request. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED CONCLUSIONS OF LAW FOR SUB- 58B(F) -00: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests for final plat approval and to make the decision to approve or deny. The hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED ORDER OF DECISION FOR SUB- 58B(F) -00: 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- 58B(F) -00, a request for final plat approval of Blackhawk Subdivision No. 5 to develop 51 residential lots and 4 common area lots in an R -1 zone is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED MOVED by Dakan, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED (CONSIDER BILL NO. 14 [ORDINANCE NO. 25491 REGARDING THE PONDEROSA ANNEXATION WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 14 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 BOOK 46 PAGE 60 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 Dakan to waive the three reading process and pass Bill No. 14 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, 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. 14, move for its passage on the first reading, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED NEW BUSINESS (CONSIDER A RENEWAL OF FINANCIAL GUARANTEE FOR THE SKYWAY BUSINESS PARK SUBDIVISION) Ben Weymouth, Assistant City Engineer, gave the staff report. He provided a history of the financial guarantee for this project. He noted that Mr. Gilbert has recently completed construction of his pressure irrigation system around his subdivision, which will significantly reduce his bond amount. He is prepared to complete construction of the sidewalk. Once the water station and pump system is built by Urban Renewal and Freehold Development, he will be prepared to install the landscaping. Weymouth stated that Council can either approve the one -year extension or they can direct the Engineering Department to claim the financial guarantee and complete the construction. He stated that the Engineering Department recommends that Council extend the bond. He added that the Urban Renewal and Freehold Development project for the pump station is moving forward and there should be water available for irrigation purposes soon. Weymouth noted that Bill Gilbert is in attendance if Council has any questions for him. Bill Gilbert, 11476 E. Linden, asked what would happen in a year if things were still held up. He stated that he doesn't know when he will get water to the area. The Mayor recommended that Mr. Gilbert speak with the Urban Renewal Agency and Freehold Development because City of Caldwell has nothing to do with the irrigation system or the project. MOVED by Hopper, SECONDED by Dakan to extend the letter or credit for an additional year to be able to achieve the improvements. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED (PUBLIC HEARING [QUASI- JUDICIAL] ON CASE NOS. ANN - 101 -05 AND SUB- 116P -05, REQUESTS FOR THE ANNEXATION AND REZONE OF APPROXIMATELY 40 ACRES AND FOR PRELIMINARY SUBDIVISION PLAT APPROVAL FOR KINGSVIEW ESTATES SUBDIVISION CONSISTING OF 146 RESIDENTIAL LOTS AND 12 COMMON AREA LOTS) The Mayor declared this public hearing open Wendy Kirkpatrick, Senior Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She noted that the applicant has not applied for a Planned Unit Development and they do meet all standards of the R -1 zoning district. The applicant has made several small modifications since the application went to Planning and Zoning Commission. None of these changes were substantial, but the previous subdivision plat didn't meet frontage and open space requirements. The applicant worked with staff and everything is in order now. Matt Schultz, 701 S. Allen, acknowledged being sworn in and spoke in favor of the application. He gave a brief history of the project. He noted some of the amenities in the project. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the public hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED EVIDENCE LIST FOR ANN- 101 -05 and SUB- 116P -05: The Mayor presented the Evidence List: Staff report, sign -up sheets, and preliminary plat. MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. BOOK 46 COMPREHENSIVE PLAN ANALYSIS FOR ANN- 101 -05: PAGE 61 MOTION CARRIED 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, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED FINDINGS OF FACT FOR ANN- 101 -05: MOVED by Hopper, SECONDED by Blacker to submit as Findings of Fact the general facts as outlined in the staff report, the public testimony that has been given this evening, the evidence list as adopted, and noting that there was no opposition to the application. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED CONCLUSIONS OF LAW FOR ANN- 101 -05: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this case and to make the decision to approve or deny. The public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED ORDER OF DECISION FOR ANN- 101 -05: 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. ANN- 101 -05, a request by Providence Development to annex approximately 39.6 acres of land into Caldwell as an R -1 zone designation to include a development agreement spelling out the terms and arrangements of the rezone is approved with the conditions as outlined in the staff report. *See Amended Order of Decision below* Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB- 116P -05: 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, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED FINDINGS OF FACT FOR SUB- 116P -05: MOVED by Hopper, SECONDED by Blacker to submit as Findings of Fact the facts as outlined in the staff report, the public testimony that has been given this evening, the evidence list as adopted, and noting that there was no opposition to the preliminary plat application. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED CONCLUSIONS OF LAW FOR SUB- 116P -05: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this case and to make the decision to approve or deny. The public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED Wendy drew Council's attention to the change in the pathways that needed to be part of the Order of Decision. AMENDED ORDER OF DECISION FOR ANN- 101 -05: MOVED by Hopper, SECONDED by Oates to show that the discrepancy between the development agreement and the staff report should take the staff report's recommendation of an 18 -foot pathway rather than the 15 -foot pathway that was in the development agreement. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED BOOK 46 ORDER OF DECISION FOR SUB- 116P -05: PAGE 62 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- 116P -05, a request for preliminary plat approval of Kingsview Estates Subdivision, which consists of 146 single - family residential lots and 12 common lots is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED MOVED by Dakan, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED (CONSIDER BILL NO. 15 [ORDINANCE NO. 25501 REGARDING THE VACATION OF RIGHT -OF -WAY ON HILLCREST LANE AND SYRINGA LANE TO FACILITATE RE- PLATTING FOR THE DEVELOPMENT OF MONTECITO SUBDIVISION NO. 3. WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS AND PASS ON THE FIRST READING) Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., gave the staff report. He stated that before the applicant can submit a final plat for phase #2 the right -of -way needs to be vacated. He noted that they have not received any opposition to this vacation. Idaho Power has a temporary power line in one of the right -of -ways that will be removed when the subdivision develops. The vacation ordinance is written contingent upon the temporary power line being removed to Idaho Power's satisfaction. The Engineering Department is in favor of this vacation request. Councilman Hopper asked about Exhibit D. He asked if Syringa Lane will continue with a slight bend to the south and will provide connectivity between Syringa Lane and the Montecito Subdivision. Weymouth stated that that is correct. Councilman Hopper asked if we will be completely vacating Hillcrest Lane. Weymouth stated that that is correct also and it complies with the function classification map in that configuration. Matt Schultz, 701 S. Allen, spoke in favor of the vacation. He stated that they plan to have a final plat before Council in the next four to six weeks. Rita Earl, 314 Badiola, spoke in favor of the vacation. She submitted a map and memo regarding the vacation. She referred to the memo regarding state code and read from it. She noted that Hillcrest has never been constructed. The half right -of -way that was dedicated is on the current Montecito side and she is asking that Council not give half to the north property owner, but that they give it all back to the original property from which it came. She noted that the property to the north has been purchased by this developer, but to keep things clean and accurate, they would like to have that remain with the property. Councilman Wells asked Earl if it would make a difference if it reverted back to one side rather than the other. Earl stated that usually when you vacate a street, you vacate it down the centerline and half of it goes to each adjoining property owner. When this one was platted only a half right -of -way was platted for Hillcrest. It came off the parcel that is now going to be Montecito No. 2. She stated that they are asking that that half right -of -way come back to that property so that it remains part of that plat and things stay clean. Councilman Oates asked staff if there is any concern with Mrs. Earl's suggestion. Mark Hilty, City Attorney, 1303 -12"' Avenue Rd., Nampa, acknowledged being swom in and stated that he agrees with Mrs. Earl. He stated that they identified a problem with the ordinance. Staff recommends that that portion of the right -of -way be vacated in favor of Montecito LLC to the south. The problem with the ordinance is that it is not clear how the property will be vested upon vacation. Hilty suggested that Council make a decision tonight as to whether they are favorably disposed to the bill and then staff will go back and clarify it and bring it back in two weeks. MOVED by Hopper, SECONDED by Oates to approve the requested vacations and have the bill constructed in such a way that the property is returned back to the original owners appropriately and have the bill come back to Council for approval at the next Regular City Council meeting. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. 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 $1,659,893.34 for the period ending April 13, 2005 and a net payroll in the amount of $192,419.36 for the pay period ending April 2, 2005. 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