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HomeMy WebLinkAbout2004-05-03city council minutesREGULAR MEETING MAY 3, 2004 7:00 PAL The Meeting was called to order by Mayor Nancolas. The Invocation was offered by a member of the 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, and Blacker. Absent: Oates. SPECIAL PRESENTATIONS The Mayor read a Proclamation declaring May 2 nd through May 9th as Caldwell Music Arts Week. The Mayor announced that the City of Caldwell was notified that we were the recipients of a community development block grant for downtown. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Blacker to remove Item #10, Executive Session, from the agenda. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor had Mrs. Jackson introduce her high school government class students. 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 19, 2004 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Golf Board held on March 17, 2004; Caldwell Historic Preservation Commission held on March 10, 2004 3. Approve Order of Decision on Case No. OA -52 -04 (Economic Development Council) and Case No. OA -53 -04 (Community Development Director — text amendment); 4. Approve Resolution No. 45 -04 recognizing and directing the formation of the Friends of the Depot; 5. Approve Resolution No. 47 -04 authorizing execution of an Adjustment to Reimbursements Rates for the WWTP Head Works Project; 6. Approve execution of a Settlement Agreement with regards to Thies v. City of Caldwell, et.al.; 7. Approve execution of an Earnest Money Agreement with regards to the Hudgens Acquisition; 8. Approve Summary of Publication for Bill No. 11 (Ordinance No. 2497); 9. Approve the Award of Bid for the 2004 miscellaneous street improvements projects; 10. Approve request for $2,310.28 from the Community Relations Fund from Caldwell Centennial Band for a sound system. MOVED by Dakan, SECONDED by Ozuna to approve the Consent Calendar as written Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 12 [ORDINANCE NO. 24981, REGARDING ANNEXATION REQUEST BY JJ HOWARD ENGINEERS FOR QUAIL RIDGE SUBDIVISION, WAIVE THE THREE READING PROCESS, PASS ON THE FIRST READING, AND APPROVE SUMMARY OF PUBLICATION) The Mayor read Bill No. 12 (Ordinance No. 2498) 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 [SINDLE- FAMILY] 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 Blacker to waive the three reading process and pass Bill No. 12 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 12 and pass on the first reading and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (CONTINUATION OF PUBLIC HEARING [QUASF.IUDICAL] ON CASE NO. SUB- 58(2)F -00, A REQUEST BY BRIGGS ENGINEERING FOR FINAL SUBDIVISION PLAT APPROVAL OF MONARCH UNIT NO. 2 FOR 51 RESIDENTIAL LOTS, 1 COMMERCIAL LOT, AND 1 COMMON -AREA LOT ON APPROXIMATELY 12.84 ACRES) The Mayor declared this hearing re- opened and continued. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She read a memo from Scott Woods of the City Engineering Department into the record. The Mayor labeled this evidence as CC -1002. Kent Brown, 1800 W. Overland Road, Boise, testified in favor of the request. The Mayor labeled the map shown by Brown as Item CC -1003. Council and staff discussed the issues of setbacks and administrative granting. MOVED by Dakan, SECONDED by Blacker to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff report, sign -up sheets, final plat, CC -1000 (memo from Scott Woods dated April 16, 2004), CC -1001 (document from Pioneer Irrigation District dated April 16, 2004), CC -1002 (memo from Scott Woods dated May 3, 2004), and CC -1003 (copy of the approved preliminary plat presented by Mr. Brown). MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, public testimony that was given tonight and at the previous council meeting, the evidence list as presented, and the fact that there was no testimony in opposition to the final plat but there are issue concerning the setback and concerns about whether this sets a precedence in future phases of this project. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the 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, and Hopper. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED Councilman Hopper asked for clarification concerning the conflict of conditions on the preliminary plat. ORDER OF DECISION: MOVED by Hopper, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB - 58(2) -00, a request for final plat approval of Monarch Subdivision Unit No. 2 to develop 51 residential lots, 1 commercial lot, and 3 common -area lots is approved with the following modifications made to the final plat note section. For this phase only, adding the words "interior side lot setback" to Item #7 so that it is not in conflict with note #11. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED The Mayor stated that Council has directed staff to look into the appropriateness of the setbacks. MOVED by Wells, SECONDED by Hopper to close the public hearing. Roll call vote. Those voting yes: Wells, Blacker, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF HARRISON STREET) Gordon Law, City Engineer, 621 Cleveland Blvd, gave the staff report. He noted an error in the ordinance on Section 2. The public hearing date should read May 3` 2004 and the vacation should be between 10' and 9 'h . MOVED by Dakan, SECONDED by Blacker to close the public hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (CONSIDER AMENDED BILL NO. 13 [ORDINANCE NO. 24991, REGARDING THE VACATION OF A PORTION OF HARRISON STREET WITH THE REQUEST TO WAIVE THE THREE READING PROCESS, PASS ON THE FIRST READING, AND APPROVE FOR PUBLICATION) The Mayor read Bill No. 12 (Ordinance No. 2498) by title only: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. MOVED by Dakan, SECONDED by Hopper to waive the three reading process and pass amended Bill No. 12 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Dakan to sponsor amended Bill No. 12 and pass on the first reading and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE CALDWELL INDUSTRIAL AIRPORT DEVELOPMENT PLAN AND APPROVE RESOLUTION) Gordon Law, City Engineer, 621 Cleveland Blvd., gave the staff report. Those speaking in favor of the plan were: Mark Napier, W &H Pacific, 3350 Monte Villa Pkwy, Bothell, WA; Curt Hawkins, Manager of the Caldwell Industrial Airport, 4601 -4 Aviation Way; Bob McGee, Chairman of the Airport Commission, 1815 Ray Ave.; and Mack Kreizenbeck, 1916 Teton. MOVED by Blacker, SECONDED by Hopper to close the public hearing. Roll call vote. Those voting yes: Blacker, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED The Mayor read the Resolution by Title only: BE IT HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, THAT THE " CALDWELL INDUSTRIAL AIRPORT DEVELOPMENT PLAN", PREPARED IN CONSULTATION WITH W &H PACIFIC, INC., IS HEREBY ADOPTED AS THE BUSINESS PLAN FOR CALDWELL INDUSTRIAL AIRPORT. MOVED by Dakan, SECONDED by Hopper to sponsor this resolution and move for its passage Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (PUBLIC HEARING [QUASUUDICIAL] ON CASE NO. SUB- 77F -02, A REQUEST BY GREAT SKY DEVELOPMENT INC. FOR FINAL PLAT APPROVAL OF BROOKFIELD SUBDIVISION CONSISTING OF 52 RESIDENTIAL AND 5 COMMON AREA LOTS ON APPROXIMATELY 17 ACRES IN AN R -1 ZONE) The Mayor explained the quasi-judicial process. Those signed up to speak were sworn in by the City Clerk. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She read into record a memo from Scott Woods of the City Engineering Department dated May 3, 2004. The Mayor labeled this document as Item CC -1000. Applicant, John Evans, 5699 N. Riffle Way, Garden City, acknowledged being sworn in and offered to answer any questions. Tony Han, 315 W. Beach, acknowledged being sworn in and spoke in favor of the request. Edward Pemble, 218 Hilldrop St., acknowledged being sworn in and commented on the gravity irrigation system. There was discussion regarding the height of the irrigation box and the gravity irrigation system. MOVED by Dakan, SECONDED by Hopper to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Sign -up sheets, staff report, final plat, and CC -1000 (memo from Scott Woods dated May 3, 2004). MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony given tonight, the evidence list as presented and the fact that there was no testimony in opposition to the subdivision; but, some concerns about guaranteeing the delivery and consistency of the above ground irrigation and all of them are intended to be addressed by the applicant. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED ]0[M I1&S 10106Y010W\A9 MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear requests on final plats 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, and Hopper. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED ORDER OF DECISION: 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- 77F -02, a request by Great Sky Development for final plat approval to develop 52 residential lots and 5 commo n -area lots is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED MOVED by Blacker, SECONDED by Dakan to close the Public Hearing. Roll call vote. Those voting yes: Blacker, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE] ON CASE NO. OA- 59 -04, A REQUEST BY THE COMMUNITY DEVELOPMENT DIRECTOR TO MODIFY ZONING ORDINANCE NO. 1451, SECTION 10- 03 -07, PLANNED UNIT DEVELOPMENT, TO CLARIFY THE DESCRIPTION AND INTENT OF THE PLANNED UNIT DEVELOPMENT PROCESS) The Mayor declared this hearing open. Steve Hasson, Community Development Director, 621 Cleveland Blvd., gave the staff report. Council discussed the problem of abusing the PUD application process. MOVED by Blacker, SECONDED by Dakan to close the Public Hearing. Roll call vote. Those voting yes: Blacker, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to re -open the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: 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, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, Public testimony that was given tonight, and the fact that there was no testimony in opposition to the text amendments. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this request and to make the decision to approve or deny, the public hearing was legally noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED ORDER OF DECISION 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. OA- 59 -04, a request by the Community Development Director to amend Caldwell Zoning Ordinance No. 1451, Section 10- 03 -07, Planned Unit Developments — by adding or subtracting certain zoning text as outlined in 2.3 with minor text amendments is hereby approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: Wells. Absent and /or not voting: Oates. MOTION CARRIED There was discussion about the minor text amendments that need to be done and staff was directed to make the appropriate changes and bring the ordinance back for adoption at the next City Council meeting. It was determined that the amendments that staff needs to make are to clarify open space in the descriptive part and use the words "preserve significant amounts of open space" in 2.3. MOVED by Hopper, SECONDED by Blacker to close the public hearing Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Oates. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $920,551.04 for the period ending April 26, 2004 and a net payroll of $215,431.64 for the pay period ending April 17, 2004. 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