HomeMy WebLinkAbout2009-07-07city council minutesBOOK 49
REGULAR MEETING
July 7, 2008
7:00 P.M.
PAGE 104
The Meeting was called to order by Mayor Nancolas. He noted that a workshop was conducted at 6:00
p.m. for the purpose of discussing a proposed disorderly conduct ordinance and an Executive Session
was held at 6:15 p.m. for the purpose of discussing legal options for pending litigation.
The Mayor asked everyone to stand for the invocation led by the Pastor Way Fine of the Memorial
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: none.
SPECIAL PRESENTATIONS
Nancy Taylor of the Snake River Canyon Scenic Byway Advisory Committee presented an update of
this current project. She noted that the Scenic Byway was approved by the Idaho Transportation
Department in 2007. An award of $50,000 was granted in 2008 from the Idaho Transportation
Department Enhancement Funding to construct a management plan for the project. A 10 -12% match is
required to access these funds. Donations of $1,000 per city are being requested for this cause. A
response to the Snake River Canyon Scenic Byway Advisory Committee is needed by October 1, 2008
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item #19 under the
Consent Calendar as per the request of the City engineering staff.
Those voting yes: unanimous.
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 City Council Budget Workshop held on June 5, 2008,
June 11, 2008, and June 12, 2008; the Regular City Council meeting held on June 16, 2008;
Caldwell Golf Board meeting held on June 18, 2008, the Mayor's Youth Advisory Council
meeting held on June 4, 2008, the Friends of the Caldwell Depot Committee meeting held in May
7, 2008, the Caldwell Planning and Zoning Commission meeting held on May 13, 2008; and the
Caldwell Hearing Examiner meeting held on June 3, 2008;
2. Approve Order of Decision and Development Agreement for Case No. ANN - 157 -07 & SUB -177P-
07 (Spruce Crossing annexation and preliminary plat);
3. Approve Order of Decision for Case No. SUB- 145(6)F -06 (Pheasant Run #6 final plat);
4. Approve Order of Decision for Case No. SUB- 171F -07 (Blaisdell Medical Office Subdivision final
plat);
5. Approve Order of Decision for Case No. SUB- 106F(1)- 04 -AMND (First Amended Plat of Sky
Ranch Business Center #1 final plat);
6. Approve Order of Decision for Case No. SUB- 57(6)F -00 (Virginia Park #6 final plat);
7. Approve Order of Decision for Case No. SUB- 181F -07 (Monarch Commercial No. 2 final plat);
8. Approve Resolution No. 88 -08 accepting the dedication of water, storm drain, and street light
improvements from Westpark Company for Blackhawk Commercial Subdivision;
9. Approve Resolution No. 89 -08 accepting an Easement from D & A Commercial Warehousing, LLC
for a domestic water line to provide service to the D & A Commercial warehouse;
10. Approve Resolution No. 90 -08 accepting an Easement from Northland Properties, LLC for a
sanitary sewer line at Monarch Commercial Subdivision Phase No. 2;
11. Approve Resolution No. 91 -08 accepting an Avigation and Noise Easement from Northland
Properties, LLC for Monarch Commercial Subdivision Phase No. 2;
12. Approve Resolution No. 92 -08 accepting an Easement from Vineyard Suites at Indian Creek
Limited Partnership for a sanitary sewer line at Vineyard Suites apartment complex;
13. Approve Resolution No. 93 -08 accepting a Quit Claim Deed from Vineyard Suites at Indian Creek
Limited Partnership for Linden Street right -of -way;
14. Approve Resolution No. 94 -08 authorizing the execution of Amendment #19 to the Agreement for
Consulting Services with MWH Americas, Inc. for consulting and design services for the Phase 4
Wastewater Treatment Plant project;
15. Approve Resolution No. 95 -08 authorizing the execution of a Joint Powers Agreement with Canyon
Highway District No. 4 to assign street maintenance responsibility;
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16. Approve Resolution No. 87 -08 authorizing the execution of a Supplemental Right -of -Way
Agreement with Darrel Deide regarding costs in lieu of construction for improvements associated
with the Chicago and 21 Avenue Signalization project;
17. Approve Resolution No. 96 -08 and No. 97 -08 authorizing the execution of a State /Local
Cooperative Agreement with Idaho Transportation Department for participation in an access
management planning project for a portion of State Highway 55 and authorizing the Memorandum
of Agreement regarding said project;
18. Approve Resolution No. 98 -08 accepting the request from Allied Waste Services concerning the
fuel surcharge effective July 2008;
19. Approve Resolution to accept the apparent low bidder for construction of the concrete foundation
and backstop wall for the Griffith Park hardball field dugouts and backstop; [Removed]
20. Approve the recommendation from the Airport Selection Committee to select the firm of Kimley-
Horn and Associates, Inc. as the engineering firm for the Caldwell Industrial Airport for a term of
five (5) years.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Those voting yes: unanimous.
OLD BUSINESS:
MOTION CARRIED
(CONTINUED: CONSIDER BILL NO. 32 [ORDINANCE 26831 FOR CASE NO. ANN -157-
07 /SUB- 177P -07 [SPRUCE CROSSING] WITH A REQUEST TO WAIVE THE RULES, PASS
ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 32 (Ordinance No. 2683) 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 (SINGLE - FAMILY RESIDENTIAL) 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 THE
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 Dakan to waive the three reading process and consider Bill No.
32 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 Dakan to sponsor Bill No. 32, 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
(CONTINUED: CONSIDER THE REQUEST FOR APPEAL REGARDING THE ALCOHOL
BEVERAGE APPLICATION FROM HERMINIO SANDOVAL)
The Mayor declared the public hearing open.
Mark Hilty, 1303 12"' Avenue Road, Nampa, reported that the appeal is in regards to an administrative
decision concerning Herminio Sandoval. He stated that Mr. Harris requested that only a portion of the
argument be presented this evening since he is still conducting research on necessary information
pertaining to this case.
Richard Harris, 1023 Arthur Street, noted that he has not been able to acquire necessary documentation
from the City Clerk's Office. He presented copies of ordinances dealing with the alcohol beverage
licensing process from other cities located within the Treasure Valley.
Councilman Oates questioned if the documents from Mr. Harris would be available to Council prior to
the continued hearing date for their review. He expressed his support of continuing the hearing to a
future date and time certain for the purpose of considering all exhibits and arguments at one time.
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Mr. Harris indicated that the additional documents would be forwarded to the City Clerk for
distribution with the Regular Council Meeting agenda docket.
The Mayor labeled the exhibits as follows: Letter of Appeal from Richard Harris (CC- 1000), alcohol
license qualification ordinances from Ada County, City of Boise, City of Kuna, City of Meridian, and
City of Nampa (CC- 1001), and a portion of the City of Caldwell Code [06- 07 -13, 3(b)] dealing with
qualifications for obtaining a liquor license (CC- 1002).
Mr. Hilty stated that he was unaware of any documentation with the City Clerk files indicating that the
City's ordinance had been applied differently in the past than what was communicated to Mr.
Sandoval.
Mr. Harris expressed his concern that the City of Caldwell's alcohol beverage license ordinance allows
for a lifetime revocation for an alcohol beverage license.
MOVED by Oates, SECONDED by Blacker to continue the item to the next Regular City Council
meeting to be held on Monday, July 21, 2008 at 7:00 p.m.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Dakan.
MOTION CARRIED
NEW BUSINESS:
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. ANN - 112 -06 -DAA [CEDAR CROSSING
DEVELOPMENT AGREEMENT] A REQUEST BY TELEOS PARTNERS TO AMEND ITEM
2.14 OF THE DEVELOPMENT AGREEMENT FOR CEDAR CROSSING SUBDIVISION. THE
SITE IS LOCATED ON THE EAST SIDE OF FLORIDA AVENUE APPROXIMATELY 1300
FEET SOUTH OF KARCHER ROAD)
Brian Billingsley, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report as
written. Mr. Billingsley noted that the two -year mark for preliminary plat approval was June 5, 2008
and the traffic signal is not yet constructed. The applicant is requesting an amendment to Item 2.14 of
the development agreement. He noted that comments were received from ITD and the Nampa Highway
District, both stating that they have no objection to the request.
Brent Orton, 621Cleveland Blvd, acknowledged being swom in and spoke in favor of the request. He
reported that City staff has been working with Idaho Transportation Department (ITD) regarding the
appropriate section for the signal implementation. To date, no determination has been made by ITD.
Councilman Hopper suggested that the development agreement be amended to allow the applicant one
year to commence the construction within one year of an approved road section.
Mr. Orton concurred with this suggestion.
Kelly Miller, P.O. Box 1092, Middleton, expressed his appreciation for at least a one -year time
allowance to begin construction of the signalization project after approval from ITD.
Mr. Hilty suggested that a reasonable time frame be allowed for the commencement of construction
following the termination of the road section not to exceed one year.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN- 1 12-06-DAA:
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. ANN- 1 12-06-DAA:
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, note there was
no opposition to the applicant's request, and recognize that City staff is in favor of the amendment.
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. ANN- 1 12-06-DAA:
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MOVED by Oates, SECONDED by Blacker 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, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 1 12-06-DAA:
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. ANN- 112 -06 -DAA, a request by Teleos
Partners to amend Item 2.14 of the development agreement for Cedar Crossing Subdivision is
approved noting that Item 2.14 will now read: "The applicant shall insure the construction of a signal
at the intersection of Karcher Road and Florida to begin within one year of such a road section for
Karcher Road based on approval by all applicable agencies including Idaho Transportation Department
and the City of Caldwell and such construction shall be completed within two years of that approval.
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 Hopper to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA -99 -08 [OFF- STREET PARKING] A
REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE
AMENDMENT TO SECTION 10 -02 -05 REGARDING OFF - STREET PARKING, LOADING,
AND PEDESTRIAN AMENITY STANDARDS AND REQUIREMENTS)
Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written.
In response to questions from Council Oates, Mr. Billingsley noted that the medical office section of
the ordinance was removed as per the request of the Planning & Zoning Commission.
Discussion followed concerning porous parking surfaces versus asphalt/concrete surfaces.
MOVED by Blacker, SECONDED by Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 18 [ORDINANCE 27381 FOR CASE NO. OA -99 -08 [OFF- STREET
PARKING] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,
AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 18 (Ordinance No. 273 8) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10,
ARTICLE 2, SECTION 5 OF CITY CODE CONCERNING PARKING, LOADING, AND
PEDESTRIAN AMENITY STANDARDS BY DELETING SECTION 10 -02 -05 IN ITS ENTIRETY
AND REPLACING IT WITH A NEW SECTION 10- 02 -05; 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 Blacker to waive the three reading process and consider Bill No
18 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 Blacker to sponsor Bill No. 18, move for its passage, and
approve the summary for publication with the single word change on page 4 (paragraph 4) of the bill,
which should read: "Porous and permeable parking lot surfaces may be permitted in any zoning
district with the consent of the City Engineer and Planning & Zoning Director."
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 [LEGISLATIVE]: CASE NUMBER OA -92 -07 A REQUEST BY
CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE
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AMENDMENT TO SECTION 02 -17 -01 THROUGH SECTION 02 -17 -33 REGARDING THE
CALDWELL HISTORIC PRESERVATION COMMISSION)
Brian Billingsley presented the staff report and outlined the facts as written.
Discussion followed concerning the recommendation to require a Certificate of Appropriateness for
satellite dishes located on parcels within the Steunenberg Historical District.
Councilman Oates expressed his concern regarding the demolition requirements outlined within the
proposed ordinance. He noted that the ordinance should allow alternative reasons for a person
requesting demolition of a structure beyond those listed.
Elaine Carpenter, 1102 Grant Street, spoke in favor of the proposed text amendments. She noted that the
Historic Preservation Commission has worked six years on revamping the ordinance.
MOVED by Oates, SECONDED by Blacker to continue the public hearing to the Regular City Council
meeting to be held on August 4, 2008 at 7:00 p.m. to allow further review of the ordinance by staff and
the Historic Preservation Commission concerning issues discussed within the public hearing..
Those voting yes: unanimous
MOTION CARRIED
(CONSIDER BILL NO. 4 [ORDINANCE 27241 FOR CASE NO. OA -92 -07 [HISTORIC
PRESERVATION COMMISSION] WITH A REQUEST TO WAIVE THE RULES, PASS ON
THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
[This item was continued to the Regular City Council meeting to be held on August 4, 2008 as a
companion document to OA- 92 -07.]
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,670,343.68 for the pay period ending June 12, 2008 and a net payroll in the amount of
$268,600.21 for the pay period ending June 21, 2008.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,670,343.68
represented by check numbers 53317 through 53748 and the total payroll in the amount of $268,600.21
represented by check numbers 15602 through 15694 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 Hopper expressed his appreciation for the great July 4 celebrations throughout the day to
include the parade, park program, games and competitions, Friday Night Express, and the fireworks.
Councilman Oates commented on the community celebration hosted at his home on July 4 t '.
(MAYOR'S COMMENTS)
The Mayor reported on the following calendar items:
• The grand opening of the Franklin Interchange /Exit 29 expansion project will be held on July
8 at 11:00 a.m.
• The City budget workshop will be held in the Caldwell Police Department Community Room
on July 8 at 6:00 p.m.
• On July 15' at 11:30 a.m. at the Chamber of Commerce Noonbreak Luncheon, a budget
presentation will be made to explain the details of the proposed budget. The luncheon will be
held at the College of Idaho Simplot Dining Hall.
He expressed his appreciation for those involved in the July 4 t ' parade to include the 145"' Support
Battalion and the Boy Scouts and Girl Scouts. He noted that he has heard many positive remarks
concerning the parade route chosen along Dearborn and Everett Street.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Hopper to adjourn at 8:45 p.m.
Those voting yes: unanimous.
MOTION CARRIED
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APPROVED AS written THIS 20 DAY OF JULY 2008.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk