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HomeMy WebLinkAbout2010-07-06city council minutesBOOK 51 SPECIAL MEETING WORKSHOP JULY 06, 2010 6:00 P.M. PAGE 85 WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED GALS LEASE AGREEMENT. Council Members in attendance: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba Staff Members in attendance: Brent Bringer, Mark Hilty and Brent Orton. Guests: Gerald Wolff (14107 Savannah Street), Tod Lane (2316 S. Kimball Avenue), and Jennifer Brown (444 W. Orchard Ave. #202, Nampa). Mr. Wolfe shared information concerning the proposed lease agreement for the GALS organization. He highlighted the many projects that have been accomplished by the GALS organization and the City of Caldwell regarding the quad location at Pipedream Park. Discussion followed. No decisions were made or action taken. The workshop was dismissed at 7:51 p.m REGULAR MEETING July 06, 2010 7:00 P.M. Council President Blacker reported that a City Council Workshop was conducted at 6:00 p.m. for the purpose of discussing the proposed lease agreement with the GALS organization. No action was taken or decisions made. The Council President asked that everyone stand for the invocation led by Pastor Charles Seip of the Higher Ground Worship Center 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. CONFLICT OF INTEREST DECLARATION No declarations were made by the Council Members. SPECIAL PRESENTATIONS Council President Blacker presented the Employee of the Month award to Katie Phillips of the Planning & Zoning Department Code Enforcement Division after reading a letter into the record from the Planning & Zoning Director, Brian Billingsley. Ms. Phillips expressed her appreciation to the Council Members for the award. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Callsen to amend the agenda by removing Item #5 under the Consent Calendar and adding Item #8 under the Consent Calendar to read: "Approve Resolution accepting the Employee Benefit Plan Trust Crime Policy." Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION Julie Yamamoto, 2619 South Willow Brook expressed her concern with the construction of the grape arbor along Indian Creek. She asked that Council reconsider keeping three rows of the arbor which are parallel with the existing building and removing the additional posts that block the view of Indian Creek. Chairman Blacker thanked Ms. Yamamoto for her comments and stated that they would be taken under advisement. Council President Blacker expressed sympathy to Councilman Dakan concerning the recent death of his wife, Betty. CONSENT CALENDAR: The Council President presented the following items on the Consent Calendar for approval by Members of the City Council: BOOK 51 PAGE 86 1 . Approve acceptance of the minutes from the City Council Meeting held on June 21, 2010; the Caldwell Historic Preservation Commission Meetings held on April 26, 2010 and May 24, 2010; the Caldwell Planning & Zoning Commission Meeting held on June 8, 2010; and the Caldwell Senior Center Board Meeting held on June 14, 2010; 2. Approve Order of Decision for Case No. ANN- 181 -10 (Hardy Estates annexation); 3. Approve Order of Decision and amended Development Agreement for Case No. SUB- 155P -06 (Eagle Rock/Eagle Rock 2 Subdivision); 4. Approve dismissal of Larry Spurling and Orion Lomax as members of the Pathways and Bike Routes Committee; 5. Approve Resolution adopting the amended Caldwell Industrial Airport Minimum Standards; [Removed] 6. Approve Resolution No. 70 -10 executing the Amendment to the Independent Contractor Agreement for John Watson; 7. Approve Resolution No. 72 -10 executing the Settlement Agreement and Release with S &H Real Estate Development, LLC (d/b /a S & H Homes) and Cirrus Pointe, LLC; 8. Approve Resolution No. 71 -10 accepting the Employee Benefit Plan Trust Crime Policy. [Amended] MOVED by Oates, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED OLD BUSINESS: (CONSIDER BILL NO. 11 [ORDINANCE 28261 FOR CASE NO. ANN - 181 -10 (HARDY ESTATES ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read the ordinance 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 M -1 (LIGHT INDUSTRIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO 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 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 -215. MOVED by Hopper, SECONDED by Oates to waive the three reading process and consider Bill No. 11 on its first reading by title only. 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 sponsor Bill No. 11, move for its passage, and approve the summary for publication. 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 NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: A REQUEST TO AMEND BY ORDINANCE A PORTION OF CHAPTER 6 OF THE CALDWELL CITY CODE DEALING WITH THE ALLOWANCE OF LIQUOR BY- THE -DRINK SALES ON SUNDAYS IN THE CITY OF CALDWELL) Debbie Geyer, Caldwell City Clerk at 411 Blaine Street, presented the staff report. She reported that per the request of Council Members during the May 3, 2010 City Council Workshop concerning this issue, research was conducted with the Nampa Police Department, Nampa Planning and Zoning Department, Nampa Economic Development Office, and Nampa business owners affected by the recently approved Sunday liquor -by- the -drink ordinance within their city. She reported that the Nampa police reported no increase in DUIs or other crimes related to alcohol consumption on Sundays since the city lifted its ban. Nampa Planning and Zoning officials did not report any immediate change in development activity; however the Nampa Economic Development Director indicated that shopping center developments have cited the change as a selling point for BOOK 51 PAGE 87 marketing purposes. Ms. Geyer noted that Dutch Goose owner, Jay Lynch, provided her office with a report from local businesses in Nampa showing substantial sales boosts on Sundays since the change. John Eagan, 22176 Rio Vista Drive, signed in support and testified in favor of the request. Ron Black, 5518 Lake Avenue, signed in support and testified in favor of the request. Tom Baker, 1502 Fairview, signed in support and testified in favor of the request. Al Talbot, owner of Talbot Lanes, 25160 The Driving Lane, signed in support and testified in favor of the request. He expressed concern for the number of customers going to Nampa to purchase alcoholic beverages on Sundays. Jay Lynch, owner of The Dutch Goose, 2502 Cleveland Blvd., signed in support and testified in favor of the request. He stated that he owns establishments in both Nampa and Caldwell. He is in support of keeping business in Caldwell rather than customers going to other neighboring community restaurants and /or bars. Jim Bears, 117 Everett Street, signed in support and testified in favor of the request. Ismuel Mile, 1301 Everett, signed in support and testified in favor of the request. Matt Marcolm, 3224 Penton, signed in support and testified in favor of the request. Derrick Rome, 2230 E. Oak Street, signed in support and testified in favor of the request. Maria Ontiveros, 112 Derry Avenue, signed in support and testified in favor of the request. Joseph Lombardo, 2620 Willow Brook, signed in support and testified in favor of the request. Peggy Lombardo, 2610 Willow Brook, signed in support and testified in favor ofthe request. Paul Alldredge, 3107 Arlington, signed in support but was not present to testify. Karen Alldredge, 3107 Arlington, signed in support but was not present to testify. Marcelino Gonzales, 1205 E. Logan, signed in support and testified in favor of the request. He stated that all citizens should have the individual opportunity and right of choice to consume liquor- by -the- drink on Sundays within local businesses. Councilman Dakan clarified that this is the first opportunity that the City Council has had to vote on this issue. He reported that the Canyon County Commissioners recently lifted the ban concerning Sunday liquor sales. Since that time other communities within Canyon County have followed suit in amending their municipality ordinances to align with the county allowance. Sharon Eagan, 22176 Rio Vista, signed in support and testified in favor of the request. Maricio Quintero, 2215 Hillcrest Lane, signed in support and testified in favor of the request. Roger Buhler, 1302 Blaine Street, signed in support and testified in favor of the request. He recommended that Council approve the request thus giving the local business owners the opportunity to offer liquor -by- the -drink on Sundays. He noted the potential economic value in adopting the ordinance. Rob Pilote, 2805 Willow Falls Avenue, signed in support and testified in favor of the request. He emphasized the fact that by approving the ordinance, it could be used as an economic tool for Caldwell. Rem Fox, 2301 Idaho Avenue, signed in support and testified in favor of the request. He reported that passage of the ordinance would enable business owners and give the community the ability to attract franchise establishments. Dana Dobson, 22206 Rutledge Drive. signed in support and testified in favor of the request. He noted that he has owned a manufacturing business in Caldwell for over 30 years. By approving the ordinance, it would give local business owners a level playing field in comparison to neighboring communities. Robert Williamson, 3110 E. Cleveland, signed in support and testified in favor of the request. Councilman Oates asked the City Attorney if action could also be taken this evening concerning the possible removal of the portion of the current ordinance dealing with no liquor sales until after the polls are closed on Election Day. Mr. Hilty responded that any such action would necessitate noticing the public hearing regarding that issue. The current public hearing notice did not include that topic. EVIDENCE LIST: BOOK 51 PAGE 88 The Council President presented the Evidence List: CC -1001 (report given by the City Clerk), sign -up sheets, and public testimony. MOVED by Callsen, SECONDED by Hopper to accept the Evidence List as presented. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED Councilman Callsen asked Mr. Lynch if the Election Day provision in the current ordinance causes a problem for local businesses. Mr. Lynch reported that customers have asked for liquor drinks to be served on Election Day. Such requests have been denied until after the polls close. He noted his support to amend the ordinance. He also noted that his report concerning liquor sales in Nampa businesses read by the City Clerk was dated May 17, 2010. He clarified that he is unaware if sales have increased or decreased since that date. MOVED by Dakan, SECONDED by Callsen to close the public hearing. Roll call vote. Those voting yes: Dakan, Sobba, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 21 [ORDINANCE 28361 CHAPTER 6 AMENDMENT DEALING WITH THE ALLOWANCE OF LIQUOR BY- THE -DRINK SALES ON SUNDAYS IN THE CITY OF CALDWELL) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, ARTICLE 7, SECTION 06- 07 -31, OF THE CALDWELL CITY CODE, ENTITLED "HOURS OF SALE," PERTAINING TO THE SALE OF LIQUOR ON SUNDAYS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Oates to waive the three reading process and consider Bill No 21 on its first reading by title only. 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 sponsor Bill No. 21, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Oates. Those voting no: Sobba and Blacker. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ZON -69 -10 A REQUEST BY THE CITY OF CALDWELL PLANNING AND ZONING DEPARTMENT FOR A REZONE FROM R -2 MEDIUM DENSITY RESIDENTIAL TO C -4 FREEWAY COMMERCIAL AND M -1 LIGHT INDUSTRIAL TO R -2 MEDIUM DENSITY RESIDENTIAL FOR APPROXIMATELY 48.4 ACRES OF LAND. THE AREA TO BE ZONED C -4 FREEWAY COMMERCIAL IS LOCATED BETWEEN CHICAGO STREET AND GALVESTON, EAST OF CENTENNIAL WAY WITH A SMALL PARCEL ON THE CORNER OF CHICAGO AND BELMONT. THE AREA TO BE ZONED R -2 MEDIUM DENSITY RESIDENTIAL IS LOCATED ON THE SOUTH END OF WHITTENBERGER PARK) The Council President explained the public hearing process and asked the City Clerk to swear in those who would be providing public testimony. Brian Billingsley, 621 Cleveland Blvd., acknowledged being swom in, presented the staff report and outlined the information as written. An aerial photograph of the site was presented, which the Council President labeled as CC -1000. Councilman Hopper pointed out a parcel across from Centennial Way that extends the R -2 zoning. He recommended that this particular parcel (located on the east side of Centennial Way) be included with the C -4 zoning. The parcel is owned by the City of Caldwell and currently used by the Water Department. Mr. Billingsley agreed with the recommendation and stated that the ordinance's legal description could be altered accordingly. (The ordinance will be presented at the next City Council Meeting.) Mike Harden, 124 E. Freeport, signed in as neutral to the request. He noted he had missed the Planning & Zoning Commission Meeting concerning this issue and wanted to attend the Council Meeting to gather further information. He asked if the trailer park located in this area would be removed. BOOK 51 PAGE 89 Councilman Hopper explained that the change of zoning would make the area more attractive for future commercial development purposes off of the freeway. EVIDENCE LIST FOR CASE NO. ZON- 69 -10: The Council President presented the Evidence List: staff report, sign -up sheets, and CC -1000 (aerial map presented by Brian Billingsley). MOVED by Hopper, SECONDED by Oates 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 MOVED by Oates, SECONDED by Dakan to close the public hearing. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 69 -10: MOVED by Hopper, SECONDED by Oates 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 101►1111►[f LIKE 01N[011a4 f W.9 a64,Im"64,1remU, MOVED by Hopper, SECONDED by Callsen 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 that there was no opposition to the 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. ZON- 69 -10: 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. ZON- 69 -10: 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. ZON- 69 -10, a request by the Planning & Zoning Director to rezone approximately 48.4 acres of land near the Exit 27 interchange from R -2 (Medium Density Residential) to C -4 (Freeway Commercial) and from M -1 (Light Industrial) to R -2 (Medium Density Residential), is approved with the conditions outlined in the staff report and include the portion of land to the east of Centennial Way currently designated as R -2 to be rezoned to C -4 to concur with other C -4 properties within the surrounding area. 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. 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 (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ZON -70 -10 A REQUEST BY THE CITY OF CALDWELL PLANNING AND ZONING DEPARTMENT FOR A REZONE FROM C -C CITY CENTER TO M -1 LIGHT INDUSTRIAL FOR APPROXIMATELY 23.7 ACRES OF LAND. THE SITE IS LOCATED NORTH OF SIMPLOT BOULEVARD AND EAST OF CENTENNIAL WAY) Brian Billingsley, 621 Cleveland Blvd., acknowledged being swom in, presented the staff report and outlined the information as written. BOOK 51 PAGE 90 Discussion followed concerning any possible time limitations on changing the zoning classification on a parcel. Mr. Hilty reported that there is a six month limitation on rezoning the same parcel when gaining a special use permit within the County. He noted that he was unaware of any limitation within the land - use planning provision in the State or City. Councilman Hopper stated that it has been Council's vision for the Indian Creek pathway to eventually continue and connect with the Boise River greenbelt area at Whittenberger Park. Would the M -1 zoning classification hamper the City's ability to complete this goal? He inquired if the landscape cross section would be affected if this area was rezoned? Brian Billingsley reported that no heavy industrial uses are allowed within an M -1 zone. Rather, business parks, light industrial and some commercial activities would be permitted. The Landscape Ordinance could be amended to include the M -1 zone landscape cross sections if needed. Councilman Hopper recommended that staff research both the City Center Zone Ordinance and the Landscaping Ordinance to see which would apply to landscape cross sections within the M -1 classification. MOVED by Hopper, SECONDED by Callsen to continue the public hearing to August 2, 2010 at 7:00 p.m. to allow staff to further research the landscaping parameters applicable to this 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,094,459.95 for the period ending June 30, 2010 and a net payroll in the amount of $280,231.62 for the pay period ending June 19, 2010. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,094,459.95 represented by check numbers 69587 through 69920 and the total payroll in the amount of $280,231.62 represented by check numbers 19756 through 19826 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, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan expressed his gratitude to everyone for their acts of kindness, words of sympathy and prayers for him and his family during this difficult time. Councilman Hopper reported on the great fireworks display held on Sunday, July 4 at Simplot Stadium. (ADJOURNMENT) MOVED by Hopper, SECONDED by Callsen to adjourn at 8:19 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 19` DAY OF JULY 2010. Councilperson Councilperson Councilperson ATTEST: Citv Clerk Mayor Councilperson Councilperson Councilperson