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HomeMy WebLinkAbout2008-06-02city council minutesBOOK 49 REGULAR MEETING June 2, 2008 7:00 P.M. PAGE 89 The Meeting was called to order by Mayor Nancolas. The Mayor asked everyone to stand for the invocation led by Pastor Brian Dryer of the Ustick Church of the Nazarene 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: none. SPECIAL PRESENTATIONS Jonathan Beck of the Boise District Office of the Bureau of Land Management at 3948 Development Avenue, Boise, introduced himself. Mr. Beck reported that the BLM is beginning their planning effort for the Four Rivers Resource Area, an eight million acre planning area of which approximately 783,000 acres is BLM - administered public land. He noted that the City of Caldwell has the opportunity to become involved as a Cooperating Agency as defined by the Council on Environmental Quality (CEQ) regulations and BLM policy. As a local government, the City would have special expertise or jurisdiction in the planning area. Cooperating Agency status allows the City to have staff representation on BLM's Interdisciplinary Planning Team through the Intergovernmental Coordinating Group (ICG). He asked that the Council consider their participation concerning these options. The Mayor stated that Council will consider their role and contact Mr. Beck with their determination. The Mayor acknowledged Debbie Willis of the Army Corp of Engineers and expressed appreciation to Ms. Willis for her involvement and dedication to the Indian Creek Project. He read a proclamation in her behalf. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item #4 under the Consent Calendar and Item #1 under Old Business. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Regular City Council meeting held on May 19, 2008; the Special City Council meeting held on May 22, 2008; the Special City Council Budget Workshop meeting held on May 22, 2008; the City Council Special meeting held on May 27, 2008; the Caldwell Golf Board meeting held on May 21, 2008; and the Caldwell Historic Preservation Commission meeting held on April 21, 2008; 2. Approve Order of Decision for Case No. SUB- 145(6)F -06 (Pheasant Run #6 final plat); 3. Approve Resolution No. 75 -08 authorizing the execution of a Grant Agreement with the Federal Aviation Administration (FAA) for the reimbursement of City expenditures to purchase Parcel 36b (Houston - Lemrick property) in the amount of $704,429; 4. Approve Resolution No. authorizing the execution of a Voluntary Possession Agreement for Exit 29 Stage III (21 Avenue Widening) with Sabino and Vicki De La Concepcion; [Removed] 5. Approve Resolution No. 76 -08 authorizing the execution of the Voluntary Possession Agreement for Exit 29 Stage III (21 Avenue Widening) with the Saray Company; 6. Approve Resolution No. 74 -08 authorizing the execution of a Consent to Use Agreement with the Bureau of Reclamation and Black Canyon Irrigation District for maintenance of Siphon and Bridge facilities to be placed at the Notus Canal Crossing of 21" Avenue and Commercial Way; 7. Approve Resolution No. 77 -08 authorizing the execution of an Option to Purchase Right -of- Way Agreement and accept the right -of -way with West Valley Medical Center for intersection improvements at 10 Avenue and Logan; 8. Approve Resolution No. 78 -08 authorizing the execution of the Option for Right -of -Way (Temporary Easement) Agreement with Terry E. and Iola K. Wolford for the reconstruction of the I l Avenue Indian Creek Bridge (KN 09187); BOOK 49 PAGE 90 9. Approve Resolution No. 79 -08 authorizing the execution of an Irrigation District Annexation Agreement with Canyon Hill Irrigation District and Idaho Transportation Department to delineate fees and terms for the delivery of water to maintain landscaping at the new Franklin Interchange 29; 10. Approve Resolution No. 80 -08 authorizing the execution of an Administrative Services Agreement and Benefit Plan with Blue Cross of Idaho Health Service, Inc. for City employees; 11. Approve Resolution No. 81 -08 authorizing the deposit for option on future leases for parcels located at the Caldwell Industrial Airport 12. Approve Resolution No. 82 -08 appointing board members and alternates to the Valley Regional Transit Board; 13. Approve the revised job description for the Finance Director /Treasurer position; 14. Approve Taxicab Licenses from Canyon County Cab for the term of June 2, 2008 to December 31, 2008; 15. Approve the request to waive the building permit fees for a room addition at the Fire Department Station #1 in the amount of $43.38; 16. Accept the Allied Waste Services fuel surcharge and set the Public Hearing date for June 16, 2008. MOVED by Oates, SECONDED by Hopper to approve the Consent Calendar as amended. Those voting yes: unanimous. OLD BUSINESS: MOTION CARRIED (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 119- 06 -DAA A REQUEST BY MARBLEFRONT 118 LLC AND LANDMARK ENGINEERING FOR AN AMENDED DEVELOPMENT AGREEMENT FOR THE FORMER BISHOP RANCH SUBDIVISION. THE SITE IS WITHIN THE CITY OF CALDWELL AND IS ZONED R -1 (LOW DENSITY RESIDENTIAL) WITH A LOW DENSITY RESIDENTIAL DESIGNATION ON THE CALDWELL COMPREHENSIVE PLAN MAP. THE SITE IS LOCATED AT THE SOUTHEAST CORNER OF WELLS ROAD AND LINCOLN ROAD) [This item was removed by previous motion] NEW BUSINESS: (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 190PF -08 A REQUEST BY CHARLES CORNFORTH AND TOOTHMAN - ORTON ENGINEERING FOR CONDOMINIUM/SHORT PLAT APPROVAL OF CHAPARRO CONDOS CONSISTING OF TWO EXISTING RESIDENTIAL UNITS AND ONE COMMON LOT. THE SITE IS LOCATED AT 2920 S. 1(i AVENUE) The Mayor outlined the quasi - judicial process and had the City Clerk swear in those who had signed up to speak at any of the public hearings tonight. Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and an aerial map of the site, which the Mayor labeled as CC -1000, and outlined the facts as written. She noted that the property is surrounded with R -1 zoning and one existing structure has been used as a duplex unit. The applicant desires to convert the units into condominiums. The required parking currently exists and no landscaping is required as part of the request. There is a small portion of sidewalk along the 10"' Avenue frontage that would be installed prior to the final plat signing. Patrick Colwell, 524 Cleveland Blvd., Suite 227, acknowledged being sworn in and spoke in favor of the request. MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the hearing. Those voting yes: unanimous. EVIDENCE LIST FOR CASE NO. SUB- 190PF -08 MOTION CARRIED The Mayor presented the Evidence List: staff report, sign up sheets, condo short plat, and CC -1000 (aerial map of the site). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB- 190PF -08: BOOK 49 PAGE 91 MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 190PF -08: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note there was no opposition to the application. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 190PF -08: MOVED by Hopper, SECONDED by Oates 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, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 190PF -08: MOVED by Hopper, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 190PF -08, a request by Charles Comforth and Toothman -Orton Engineering for short plat/condo plat approval of Chaparro Condos is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, 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]: CASE NO. SUB- 84[4]E -03 A REQUEST BY D.R. HORTON FOR A ONE -YEAR TIME EXTENSION OF THE PRELIMINARY PLAT OF APPLE CREEK SUBDIVISION. THE SITE IS LOCATED NORTH OF LASTER STREET AND WEST OF MONTANA AVENUE) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. She noted that staff supports this request. Russ Hepworth of The Land Group, 462 E. shore Drive, Eagle, stated that he was in agreement with the staff report. MOVED by Hopper, SECONDED by Oates to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB- 84(4)E -03: The Mayor presented the Evidence List: staff report and sign up sheets. MOVED by Hopper, SECONDED by Oates to accept the Evidence List as presented. Those voting yes: unanimous. FINDINGS OF FACT ON CASE NO. SUB- 84(4)E -03: MOTION CARRIED MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note there was no opposition to the extension request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 84(4)E -03: BOOK 49 PAGE 92 MOVED by Hopper, SECONDED by Oates 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, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 84(4)E -03: MOVED by Hopper, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 84(4)E -03, a request by D.R. Horton for a one -year time extension on Apple Creek Subdivision is approved with the conditions as stated within the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, 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 [LEGISLATIVE]: CASE NUMBER OA- 101 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE AMENDMENT TO SECTIONS 10 -02 -08 REGARDING NONCONFORMING USES, 10 -03 -04 REGARDING SPECIAL USES, 10 -03 -05 REGARDING VARIANCES, 10 -02 -01 REGARDING GENERAL REGULATIONS, 10 -03 -01 REGARDING DUTIES OF THE COMMISSION AND TO CREATE A NEW SECTION 10 -03 -12 REGARDING NEIGHBORHOOD MEETINGS) Anne Marie Skinner, 621 Cleveland, presented the staff report and outlined the facts as written. She noted that the ordinance includes requirements for neighborhood meetings to be conducted by the applicant as part of the application process. MOVED by Hopper, SECONDED by Oates to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 19 [ORDINANCE 27391 FOR CASE NO. OA- 101 -08 [NONCONFORMING USES, SPECIAL USES, VARIANCES, GENERAL REGULATIONS, DUTIES OF THE COMMISSION, NEIGHBORHOOD MEETINGS] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Ms. Skinner stated that the ordinance summary needed corrections made to the numbering as noted by the City Attorney. MOVED by Dakan, SECONDED by Oates to continue the item to the neat Regular City Council meeting to be held on June 16, 2008. (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,172,597.45 for the pay period ending May 30, 2008 and a net payroll in the amount of $272,389.01 for the pay period ending May 24, 2008. MOVED by Callsen, SECONDED by Oates that accounts payable in the amount of $1.172,597.45 represented by check numbers 52596 through 52309 and the total payroll in the amount of $272,389.01 represented by check numbers 15432 through 15517 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) Councilman Oates reported that an air show will be held on Saturday, June 7, at the Caldwell Airport starting with breakfast served at 8:00 a.m. and the air show starting at 10:00 a.m. There is no admission charge. Councilman Blacker reported that interviews have been conducted to fill the positions of the Public Works Director and the Assistant to the Mayor. BOOK 49 PAGE 93 (MAYOR'S COMMENTS) The Mayor reported on his recent trip to Washington, D.C. The budget project list as discussed at the last Council Budget Workshop session will be e- mailed to the Council members by E1Jay Waite. The next workshop is scheduled for Thursday evening, June 5 th at the Caldwell Police Department Community Room. The golf tournament to raise funds for the Mayor's Youth Advisory Council scholarship fund will be held on Friday, June 6 h . The Friday Night Express will be held on June 6 starting at 5:00 p.m. A Change of Command ceremony will be held at Gowen Field on Saturday, June 7 Upcoming Noonbreak Luncheons, in which presentations will be made by City staff, will be held on June 10, July 15, and August 5. The AIC Conference will be held on Tuesday, June 24 in Garden City. (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 7: 55 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 16th DAY OF JUNE 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk