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HomeMy WebLinkAbout2007-06-18city council minutesBOOK 48 REGULAR MEETING JUNE 18, 2007 7:00 P.M. The Meeting was called to order by Council President, Jim Blacker. PAGE 107 The invocation was offered by Troy Hooper of the Caldwell Christian Church. The Council President asked everyone to 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, Callsen, Dakan and Wells. Those absent: Hopper and Mayor Nancolas. SPECIAL PRESENTATIONS Employee of the Month was presented to Dave Garcia, Street Supervisor. The Council President read a letter written by Gordon Reed nominating Mr. Garcia for this award. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Callsen to move item #11 under Consent Calendar to be renumbered as item #8a under New Business. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those absent: Hopper. AUDIENCE PARTICIPATION MOTION CARRIED Mary Ann Bowen and Tracy Spencer, representatives from the Mayor's Youth Advisory Council, spoke about the Association of Idaho Cities Conference they attended in Coeur d'Alene on June 12 -15, 2007. They reported on various workshop sessions they attended at the conference. 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 Regular City Council meeting held on June 4, 2007, the Caldwell Traffic Commission meeting held on June 4, 2007; and the Caldwell Library Board held on April 5, 2007; 2. Approve Order of Decision for Case No. SUB- 171P -07 (Blaisdell Subdivision); 3. Approve Order of Decision for Case No. OA -83 -07 (Tree Licensing/Certification Procedures); 4. Approve Order of Decision for Case No. OA -84 -07 (updated zoning map); 5. Approve Order of Decision for Case No. SUB- 138F -06 (Azure Place Subdivision); 6. Approve Order of Decision for Case No. SUB- 113F(2) -04 (Castle Peak Subdivision No. 2); 7. Approve Resolution No. 94 -07 accepting the construction and irrigation plans for Southwick Estates located in the Area of Impact as approved by the City Engineering Department on April 25, 2007; 8. Approve Resolution No. 95 -07 accepting dedication of sewer and water improvements from Teleos Partners for Cedar Crossing Off -site; 9. Approve Resolution No. 96 -07 authorizing the execution of the Acquisition Purchase Agreements for Trunnell, Billings, Mikelson, and Davis regarding right -of -way acquisition and signalization at 10"' Avenue and Linden; 10. Approve Resolution No. 97 -07 authorizing the execution of the State /Local Agreement from Idaho Transportation Department for construction of the 21" and Chicago intersection; 11. Approve Resolution No. 93 -07 authorizing the execution of a condemnation filing vs. True Love, LLC regarding right -of -way acquisition at 21s and Chicago; [moved to New Business as item #8a] 12. Approve Resolution No. 98 -07 for bid approval and Notice of Award to King Excavation for $115,841.24 for Marble Front Road alignment improvements; 13. Approve request to schedule a public hearing date to be held on Monday, July 2, 2007 for the Brownsfields Assessment Grant for the downtown area. MOVED by Oates, SECONDED by Callsen to approve the Consent Calendar as amended. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 14 [ORDINANCE NO. 26651 FOR CASE NO. DAN -03 -07 [HICKMAN DE- ANNEXATION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read Bill No. 14 by title only: AN ORDINANCE PURSUANT TO IDAHO CODE § 50 -225 DETERMINING THAT CERTAIN LAND HAS BEEN INCORPORATED INTO THE LIMITS OF CALDWELL, IDAHO AND THAT SAID LAND SHOULD BE EXCLUDED FROM THE CORPORATE LIMITS OF THE CITY OF CALDWELL, IDAHO; DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE EXCLUDED FROM CALDWELL, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO REMOVE SAID BOOK 48 PAGE 108 PROPERTY FROM THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE EXCLUDED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE § 63 -215. MOVED by Callsen, SECONDED by Wells to waive the three reading process and consider Bill No. 14 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Callsen, SECONDED by Wells to sponsor Bill No. 14, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Oates, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (CONTINUED PUBLIC HEARING FROM 6 -4 -07 [LEGISLATIVE]: CASE NO. OA -86 -07 [PLANNED UNIT DEVELOPMENTS], A REQUEST BY CITY OF CALDWELL'S PLANNING AND ZONING DIRECTOR FOR A TEXT AMENDMENT TO SECTION 10 -03 -07 OF THE CALDWELL ZONING ORDINANCE CONCERNING PLANNED UNIT DEVELOPMENTS) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report, and outlined the facts as written. She noted that a request was made by Councilman Hopper at the previous public hearing to clarify pathway /landscaping issues. Such items have been addressed within the revised ordinance under Amenities, item #2. MOVED by Callsen, SECONDED by Dakan to close this public testimony. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. OA- 86 -07: MOVED by Callsen, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Callsen to close the public hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (CONTINUED PUBLIC HEARING FROM 6 -4 -07: CONSIDER BILL NO. 26 [ORDINANCE NO. 26771 FOR CASE NO. OA -86 -07 [PLANNED UNIT DEVELOPMENTS] 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 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 BY DELETING SECTION 10 -03 -07 IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 10- 03 -07; 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 Wells 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, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED Comments were made by Mark Hilty concerning the summary for publication and the need for further review of this document. He recommended that the summary for publication be continued to the neat Regular City Council Meeting to be held on July 2, 2007. MOVED by Callsen, SECONDED by Wells to sponsor Bill No. 26 and move for its passage. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED BOOK 48 NEW BUSINESS PAGE 109 (CONSIDER BILL NO. 45 [ORDINANCE 26961 TO APPROVE ANNEXATION TO THE MUNICIPAL IRRIGATION DISTRICT FOR APPLE CREEK SUBDIVISION NO. 4 WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Gordon Law, 621 Cleveland Blvd., stated that the engineering department recommends approval of the ordinance. The Council President read Bill No. 45 by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES: AND PROVIDING AN EFFECTIVE DATE. MOVED by Callsen, SECONDED by Wells to waive the three reading process and consider Bill No. 45 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Callsen, SECONDED by Wells to sponsor Bill No. 45, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 155 -07 SUB- 175P -07 VAR- 31 -07, A REQUEST BY HOSHAW FAMILY TRUST, RMR CONSULTING AND MASON AND STANFIELD FOR ANNEXATION OF 81.45 ACRES LOCATED AT THE SOUTHEAST CORNER OF INDIANA AVENUE AND USTICK ROAD WITH R -1 ( SINGLE - FAMILY RESIDENTIAL) ZONING, A DEVELOPMENT AGREEMENT LISTING THE TERMS AND CONDITIONS OF THE LAND USE ZONE CLASSIFICATION APPROVAL, PRELIMINARY PLAT APPROVAL OF KNIGHTSBRIDGE SUBDIVISION FOR 282 RESIDENTIAL LOTS AND 17 COMMON LOTS AND A VARIANCE FOR BLOCK LENGTH) The clerk swore in those signed up to speak at any of the public hearings tonight. The Council President declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial map of the site, and outlined the facts as written within the staff report. The Council President labeled the map as CC -1000. She reported that the development meets the landscaping requirements with 11.5 percent open space noted on the subdivision plat. Matt Schultz, 2127 S. Alaska Way, Meridian, acknowledged being sworn in and spoke in support ofthis development. He noted that the development is compatible with existing developments within the area. He reported that the average home would sell for approximately $225,000 - $350,000. They concur with the development agreement as written. He stated that they requested the addition of item #48 to the development agreement, which would promote a higher standard of quality from the contractors. He presented a map indicating the features of the development, which the Council President labeled as CC -1001. Rita Earl, 315 Badiola, acknowledged being sworn in and spoke in support of this development. She noted that it is located within the Vallivue School District and they have worked with school administration concerning the proposed development. In response to questions from Councilman Wells, Matt Schultz stated that there was originally a variance request for a second stub street. This request was withdrawn as noted in item #2.7.10 of the staff report. MOVED by Dakan, SECONDED by Oates to close the public testimony portion ofthis hearing. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN- 155 -07 AND SUB - 175 -07: The Council President presented the Evidence List: staff report, sign up sheets, preliminary plat, CC -1000 (aerial map presented by Anne Marie Skinner), and CC -1001 (colored subdivision map of development features presented by Matt Schultz). MOVED by Callsen, SECONDED by Oates to accept the Evidence List as presented. Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. BOOK 48 PAGE 110 COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 155 -07 and SUB - 175 -07: MOTION CARRIED MOVED by Dakan, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Dakan, 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 testimony in opposition to this request. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN - 155 -07: MOVED by Oates, SECONDED by Callsen 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: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 155 -07: MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the City Council hereby orders that Case No. ANN - 155 -07 a request by Hoshaw Family Trust, RMR Consulting and Mason and Stanfield for annexation of 81.45 acres located at the southeast corner of Indiana Avenue and Ustick Road with R -1 (Single - Family Residential) Zoning Classification and a development agreement listing the terms and conditions of the land use zone classification approval, be approved with the conditions listed in Section 8 of the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED 1010,1111M IKO) 0IFffIIIma'4 4AIRI 00mlYOlarm9 MOVED by Dakan, 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 testimony in opposition to this request. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 175P -07: MOVED by Oates, SECONDED by Dakan 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: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 175P -07: MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 175P -07, a request by Hoshaw Family Trust, RMR Consulting and Mason and Stanfield for preliminary plat approval of Knightsbridge Subdivision, which would consist of 282 residential lots and 17 common lots, is approved with the conditions listed in Section 12 of the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Dakan to close this public hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ZON- 51 -07, A REQUEST BY KEVIN AND MARY KAY RIGSBY, AL JOHNSON AND USTICK MIDDLETON, LLC FOR THE REZONE OF 15.4 ACRES OF LAND FROM PARTIALLY R -1 [SINGLE - FAMILY RESIDENTIAL] AND PARTIALLY C -3 [SERVICE COMMERCIAL] TO COMPLETELY C -3 [SERVICE COMMERCIAL], A COMPREHENSIVE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL AND COMMERCIAL TO COMPLETELY BOOK 48 PAGE 111 COMMERCIAL AND A DEVELOPMENT AGREEMENT. THE SITE IS LOCATED AT 10952 USTICK ROAD AND 18036 MIDDLETON ROAD) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the facts as written within the staff report. She presented an aerial map of the site, which the Council President labeled as CC -1000. She noted that the two parcels have undefined lines between the R -1 and C -3 zones. The developer is desirous of rezoning both parcels to C -3 (Service Commercial) zone. She stated that a landscape plan must be submitted at the time of plat approval or the building permit application. Councilman Dakan asked about the future round -about planned for the area Gordon Law stated that the development agreement addresses the issue of right -of -way concerning the future round - about. Chris Penland, 13366 N. 8"' Avenue, Boise, acknowledged being sworn in and spoke in support of this development. He presented an aerial map entitled "10952 Ustick Road, Zone Change /Comprehensive Plan Amendment," which the Council President labeled as CC -1001. He reported that a mixed use of retail/professional offices would be beneficial to residents within the surrounding area. This site is located within the airport overlay district and would provide a convenient non- residential use. MOVED by Callsen, SECONDED by Dakan to close the public testimony portion of this hearing Roll call vote. Those voting yes: Callsen, Dakan, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON- 51 -07: The Council President presented the Evidence List: staff report, sign up sheets, CC -1000 (aerial site plan presented by Anne Marie Skinner), and CC -1001 (map presented by Chris Penland). MOVED by Dakan, SECONDED by Callsen to accept the Evidence List as presented. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 51 -07: MOVED by Dakan, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ZON- 51 -07: MOVED by Dakan, 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 application. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON- 51 -07: MOVED by Oates, SECONDED by Dakan 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: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. ZON- 51 -07: MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the City Council hereby orders that Case No. ZON- 51 -07, a request by Kevin and Mary Kay Rigsby, Al Johnson and Ustick Middleton, LLC for the rezone of 15.4 acres of land from partially R -1 (Single - Family Residential) and partially C -3 (Service Commercial) to completely C -3 (Service Commercial), a comprehensive plan map amendment from low density residential and commercial to all commercial and a development agreement listing the terms and conditions of the rezone is hereby approved with the conditions listed in Section 8 of the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Dakan to close this public hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED BOOK 48 PAGE 112 (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 153 -07, A REQUEST BY CHAD AND MELINDA MCDANIEL FOR THE ANNEXATION OF 10.29 ACRES OF LAND INTO THE CITY WITH C -1 [NEIGHBORHOOD COMMERCIAL] ZONING, A DEVELOPMENT AGREEMENT AND A COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL. THE SITE IS LOCATED AT 1109 W. USTICK ROAD) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the facts as written within the staff report. She presented an aerial map of the site, which the Council President labeled as CC -1000. She noted that Aspen Falls and Sierra Ridge subdivisions surround the site. A detailed landscape plan would be required at the time of preliminary plat submittal or the building permit. She stated that the original application had requested C -3 (Service Commercial) zoning. The Planning & Zoning Commission recommended denial of the C -3 request stating that the C -3 zone was too harsh for the area The applicant amended their application to C -1 (Neighborhood Commercial) zoning. In response to questions from Councilman Oates, Ms. Skinner reported that the Planning & Zoning Commission was amenable to the C- 1 zoning designation. Rich Pickett, 18978 Donkey Lane, acknowledged being sworn in and spoke in support of this development. He reported that Farmway Road is a major thoroughfare between Highways 19 and 55. He noted that the surrounding area is rapidly growing and a commercial site at the location could assist in serving the existing and future residences. He discussed pedestrian connectivity to the site from surrounding subdivisions. He presented the Caldwell Zoning Map, which the Council President labeled as CC -1001. Todd Moffis, acknowledged being in agreement with Mr. Pickett's testimony. Chad and Melinda McDaniel, acknowledged being in agreement with Mr. Pickett's testimony. Roger Wright, 4014 Dorman Avenue, acknowledged being sworn in and spoke in opposition to this development. He noted that his residence is located north of the subject property at the corner of Dorman and Ustick Road. The Caldwell Comprehensive Plan Map currently indicates the property as low density residential. He presented the copy of the Canyon County Zoning Map, which the Council President labeled as CC -1002. He noted that the subject parcel, for the past 14 years, has been zoned as R -1, not agricultural as indicated by staff. He expressed his concern that the allowed uses within the C -1 zone are not compatible with the surrounding area and the C -1 designation should be considered spot zoning. In rebuttal, Mr. Pickett reported that a neighborhood meeting was conducted on June 5 which was attended by eight people. Mr. Wright did not attend this meeting. He noted that the C -1 (Neighborhood Commercial) zone allows residents the convenience of commercial services within their area and promotes Smart Growth planning. MOVED by Dakan, SECONDED by Callsen to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED IILI111offiela0LI18Im 04AIR IYI The Council President presented the Evidence List: staff report, sign up sheets, preliminary plat, CC -1000 (aerial map presented by Anne Marie Skinner, CC -1001 (Caldwell Zoning Map presented by Rich Pickett), and CC -1002 (Canyon County Zoning Map presented by Roger Wright). MOVED by Dakan, SECONDED by Callsen to accept the Evidence List as presented. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 153 -07: MOVED by Dakan, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report under roman numeral V. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN- 153 -07: MOVED by Dakan, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list that was presented. Roll call vote. Those voting yes: Dakan, Wells, Oates, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN - 153 -07: MOVED by Oates, SECONDED by Callsen 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. BOOK 48 PAGE 113 Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 153 -07: MOVED by Oates, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ANN- 153 -07, a request by Chad and Melinda McDaniel for annexation of 10.29 acres of land into the City with C -1 (Neighborhood Commercial) zoning classification, a development agreement listing the terms and conditions of the land use zone classification approval and a comprehensive plan map change from low density residential to commercial located at 1109 West Ustick Road is approved with the conditions outlined within the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, and Blacker. Those voting no: Wells. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Dakan to close this public hearing. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $713,770.65 for the period ending June 12, 2007, a net payroll in the amount of $238,870.99 for the pay period ending June 9, 2007. MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $713,770.65 represented by check numbers 44462 through 44457 and the total payroll in the amount of $238,870.99 represented by check numbers 12953 through 13053 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, Wells, Oates, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (COUNCIL COMMENTS) Councilman Wells reported on the progress of the Blaine and Cleveland project. He noted that local citizens have expressed concern about the numerous amount of road construction projects going on within the City at this time. (EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE 67 -2345, SUBSECTIONS 1[C], [F], AND [B] FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, PROPERTY ACQUISITION, AND PERSONNEL ISSUES) MOVED by Oates, SECONDED by Dakan to convene into an Executive Session at 8:35 p.m. pursuant to Idaho State Code 67 -2345, Subsection 1(c), (f), and (b) for the purpose of discussing pending litigation, property acquisition, and personnel issues. Those voting yes: unanimous. Absent and /or not voting: Hopper. MOVED by Oates, SECONDED by Blacker to reconvene into the Regular Council Meeting. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED MOTION CARRIED (APPROVE RESOLUTION NO. 93 -07 AUTHORIZING THE EXECUTION OF A CONDEMNATION FILING VS. TRUE LOVE, LLC REGARDING RIGHT -OF -WAY ACQUISITION AT 21 ST AND CHICAGO) The Council President read Resolution No. 93 -07 by title only: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AN IDAHO MUNICIPAL CORPORATION, MADE PURSUANT TO IDAHO CODE §7- 707(6) SETTING FORTH AND CLEARLY IDENTIFYING ALL PROPERTY RIGHTS TO BE ACQUIRED, INCLUDING RIGHTS TO AND FROM THE PUBLIC WAY, AND PERMANENT AND TEMPORARY EASEMENTS KNOWN OR REASONABLY IDENTIFIABLE TO THE CITY, IN THE CONDEMNATION ACTION GENERALLY KNOWN AS CITY OF CALDWELL VS. TRUE LOVE LIMITED, LLC; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. MOVED by Callsen, SECONDED by Dakan to approve Resolution 93 -07. Roll call vote. Those voting yes: Callsen, Dakan, Wells, and Blacker. Those voting no: Oates. Absent and/or not voting: Hopper. MOTION CARRIED (ADJOURNMENT) -77 < . - I - ra" �Ll 4, If 6r