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Home My WebLink About2008-05-19city council minutesBOOK 49 REGULAR MEETING May 19, 2008 7:00 P.M. PAGE 81 The Meeting was called to order by Jim Blacker, City Council President. The Council President, Jim Blacker, asked everyone to stand for the invocation led by Associate Pastor Myron Emly of the Centennial 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: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those absent: Mayor Nancolas. Councilman Hopper excused himself from the meeting to attend a school musical performance for his daughter. SPECIAL PRESENTATIONS Shawn Rogers, Executive Director from the Caldwell Center for the Arts, introduced board members from the organization in attendance: Ray Wolfe, James Barrett, Patricia Walker White, Marie Sue Duncan, Jo Bolen, and Lloyd Duncan. Mr. Rogers outlined the Center's vision and mission. A video presentation was shown highlighting the features of the organization and how the arts contribute to the community of Caldwell. Various members spoke emphasizing the role that the Center plays as a cooperative partner with Caldwell Parks and Recreation and the YMCA. Mr. Rogers noted that the sustainability of the Center depends on monetary support, supplies, and volunteers. Mr. Rogers asked that the Council consider supporting the Center for the Arts as a viable community program. The Council President expressed his appreciation for the presentation and stated that Council would take the request under consideration in light of upcoming budget workshops. The Council President introduced Paul Hiller, Executive Director of the Boise Valley Economic Partnership. He provided information about how their goal to bring higher paying jobs to the Boise Valley area is being executed. He noted that the City of Caldwell has designated $7,500 per year to assist in marketing the area on a national level. He reported that he has been in contact with two significant companies who are looking at Caldwell for relocating their industrial businesses. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Callsen to amend the agenda by removing Item #14 under the Consent Calendar and recast it as Item #4 under New Business as an item of discussion. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. 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 held on May 5, 2008; the Regular City Council meeting held on May 5, 2008; the Caldwell Historic Preservation Commission meetings held on February 25, 2008 and March 24, 2008; the Caldwell City Traffic Commission meeting held on May 5, 2008; and the Friends of the Caldwell Depot meeting held on April 10, 2008; 2. Approve Order of Decision for Case No. ANN - 164 -07 (Category B annexations); 3. Approve Order of Decision for Case No. SUB- 168PF -07 (Keystone Village short plat); 4. Approve Order of Decision for Case No. ZON -56 -08 /SUB- 170PF -08 (Kearney Business Condominiums); 5. Approve Order of Decision for Case No. SUB- 188P -08 (Sawgrass Commercial Subdivision); 6. Approve Order of Decision for Case No. SUB- 169PF -07 (Eagle's Nest Condominiums); 7. Approve Resolution No. 66 -08 accepting the dedication of sewer facilities from EWE Caldwell LLC for the Farmway Sewer Extension Project; 8. Approve Resolution No. 67 -08 accepting the dedication of sewer, water, storm drain, and street light facilities from Community Development, Inc., for Charmae Springs Subdivision No. 3; 9. Approve Resolution No. 68 -08 accepting the dedication of sewer, water, storm drain, and street light facilities from Land Pro Development for Virginia Park No. 1, Unit No. 2; 10. Approve Resolution No. 69 -08 accepting an Easement from Aaron Campos for domestic water and sanitary sewer main lines to the Campos Market; 11. Approve Resolution No. 70 -08 authorizing the execution of a Purchase /Compensation Agreement for a temporary construction easement with David M. and Liesa L. Wood for the 21s Avenue Indian Creek Bridge Expansion Project; BOOK 49 PAGE 82 12. Approve Resolution No. 71 -08 authorizing the execution of a Maintenance Agreement with Bureau of Reclamation and Black Canyon Irrigation District for maintenance of the 21 Avenue siphon crossing and commercial way bridge crossing of the Notus Canal; 13. Approve Resolution No. 72 -08 authorizing the execution of an Option to Purchase Right -of -Way Agreement and Donation Deed with Larry E. and Marlene D. Norman (Norman Family Trust) and David and Marian Cricks (Cricks 1987 Family Trust) for the 21" Avenue Indian Creek Bridge Proj ect; 14. Approve Resolution authorizing the execution of a Stipulation of Possession Agreement with Ralph Smeed for Exit 29, 21 Avenue Widening Project, Stage III; [removed] 15. Approve Resolution No. 73 -08 authorizing the execution of an Option to Purchase Right -of -Way Agreement with the Kirby and Judy Clendenon Trust for the 10"' and Logan Signalization Project; 16. Approve request from the Historic Preservation Commission to waive the fees for three (3) sign permits in the amount of $180 associated with the HAT structure located at 2112 Cleveland Boulevard; 17. Approve Resolution No. 65 -08 approving employee participation in community -based mentoring programs within the Caldwell and Vallivue School Districts; 18. Approve Taxicab License from Canyon County Cab for the term of May 19, 2008 to December 31, 2008. MOVED by Oates, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA -97 -08 A REQUEST BY CALDWELL'S REDEVELOPMENT COORDINATOR FOR AN ORDINANCE AMENDMENT TO AMEND CITY CODE SECTION 10 -12 REGARDING THE CITY CENTER ZONING DISTRICT) Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. He noted that Planning & Zoning staff determined that the maximum parking requirements should remain within the ordinance on page six (6) of the document. The ordinance allows for the Planning & Zoning Director the ability to grant a 25 percent minimum or maximum parking requirement variance. MOVED by Oates, SECONDED by Callsen to close the public testimony portion of the hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED (CONSIDER BILL NO. 23 [ORDINANCE 27431 FOR CASE NO. OA -97 -08 [CITY CENTER ZONING DISTRICT] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read Bill No. 23 (Ordinance No. 2743) by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL ZONING ORDINANCE BY AMENDING SECTION 10 -12 -03 THROUGH 10- 12 -06, 10- 12 -08, AND 10 -12 -09 REGARDING CITY CENTER ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Oates to waive the three reading process and consider Bill No. 23 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Callsen, SECONDED by Oates to sponsor Bill No. 23, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 100 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE AMENDMENT TO AMEND CITY CODE SECTIONS 10 -03 -07 REGARDING PLANNED UNIT DEVELOPMENTS, 10 -03 -02 BOOK 49 PAGE 83 REGARDING DUTIES OF THE PLANNING AND ZONING DIRECTOR, AND 10 -03 -03 REGARDING AMENDMENTS AND RECLASSIFICATIONS) Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. MOVED by Oates, SECONDED by Dakan to close the public testimony portion of the hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED (CONSIDER BILL NO. 27 [ORDINANCE 27471 FOR CASE NO. OA- 100 -08 [PLANNED UNIT DEVELOPMENTS, PLANNING AND ZONING DIRECTOR'S DUTIES, AMENDMENTS AND RECLASSIFICATIONS] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read Bill No. 27 (Ordinance No. 2747) by title only AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 3, SECTION 7 OF CITY CODE CONCERNING PLANNED UNIT DEVELOPMENTS; AMENDING CHAPTER 10, ARTICLE 3, SECTION 2 OF CITY CODE CONCERNING DUTIES OF THE PLANNING AND ZONING DIRECTOR; AMENDING CHAPTER 10, ARTICLE 3, SECTION 3 OF CITY CODE CONCERNING AMENDMENT AND RECLASSIFICATION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Oates to waive the three reading process and consider Bill No 27 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Callsen, SECONDED by Oates to sponsor Bill No. 27, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA -96 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE AMENDMENT TO CREATE A NEW CITY CODE SECTION 10 -02 -04 CONCERNING ACCESSORY BUILDINGS, STRUCTURES, AND USES AND TO DELETE SECTION 10 -02- 07[2], [4], [5], [6] AND [7] OF THE CALDWELL CITY CODE CONCERNING ACCESSORY USES) Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written MOVED by Oates, SECONDED by Callsen to close the public testimony portion of the hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED (CONSIDER BILL NO. 26 [ORDINANCE 27461 FOR CASE NO. OA -96 -08 [ACCESSORY USES] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read Bill No. 26 (Ordinance No. 2746) by title only AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL ZONING ORDINANCE BY CREATING A NEW SECTION 10 -02 -04 CONCERNING ACCESSORY BUILDINGS, STRUCTURES, AND USES; AMENDING SECTION 10 -02 -07 CONCERNING SUPPLEMENTARY ZONING DISTRICT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Oates to waive the three reading process and consider Bill No. 26 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED BOOK 49 PAGE 84 MOVED by Callsen, SECONDED by Oates to sponsor Bill No. 26, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION OF A STIPULATION OF POSSESSION AGREEMENT WITH RALPH SMEED FOR EXIT 29,21 ST AVENUE WIDENING PROJECT, STAGE IIl) Brent Orton, 621 Cleveland Blvd., presented information concerning the proposed Execution of a Stipulation of Possession Agreement. He noted that no Council action is required inasmuch as the City Attorney is required to sign such a document in behalf of the City. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,301,964.06 for the pay period ending May 15, 2008 and a net payroll in the amount of $243,970.12 for the pay period ending May 10, 2008. MOVED by Callsen, SECONDED by Oates that accounts payable in the amount of $1,301,964.06 represented by check numbers 52310 through 52595 and the total payroll in the amount of $243,970.12 represented by check numbers 15366 through 15431 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan and Callsen commented on their participation in the recent National Guard G 120 plane ride within the Treasure Valley with members of the Mayor's Youth Advisory Council. Council President Blacker noted that the negotiations with TVCC and their new campus relocation along Highway 20/26 are progressing well. He also noted that significant process is being made on the Caldwell Train Depot restoration and interpretive center projects. (MAYOR'S COMMENTS) None. (ADJOURNMENT) MOVED by Dakan, SECONDED by Oates to adjourn at 8:10 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 2" — DAY OF NNE 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk