HomeMy WebLinkAbout2006-08-07city council minutesBOOK 47
REGULAR MEETING
AUGUST 7, 2006
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
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The Mayor welcomed those in attendance and asked everyone to stand 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 Wells. Absent: none.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Oates to amend the agenda by removing the name of Gina Lujack from Item #3
under Old Business and to place Item #5, New Business, before the Consent Calendar items.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
John English, 810 N. Georgia, addressed the Council Members concerning the current construction of a sewer line
along Marble Front and Lincoln. He requested that the City consider the placement of a stub line in conjunction with
the sewer line installation noting that residences on the east side of Georgia Street use septic. He also reported traffic
congestion along 10"' Avenue due to the timing of the traffic signals. Gordon Law, City Engineer, addressed the
placement of the sewer lines. The Mayor stated that staff will contact Idaho Transportation Department and request
adjustment of these traffic signals.
Kimberly Huitt- Kaiser, 2604 Polk, stated that she wished to withdraw her annexation application which was approved
at the July 17, 2006 City Council Meeting.
ACCEPT THE TENTATIVE BUDGET AND SET THE PUBLIC HEARING FOR AUGUST 21, 2006 DURING THE
REGULAR CITY COUNCIL MEETING
E1Jay Waite, 411 Blaine Street, gave a summary for the tentative budget for the Fiscal Year 2007. He reported that
the proposed expenditures for FY 2007 amounts to $54,082,362, the proposed non - property revenue amounts to
$45,769,238, and revenue from property taxes amounts to $9,807,442. He noted that there would be a $1,494,318
increase in fund balance or retained earnings. Since the General Fund has a $44,150 deficit, he requested that the fund
balance be used to make up the revenue short-fall difference.
Mr. Waite noted that the budget includes the addition of four new police officers, six fire fighters, and nine other
positions throughout the City. The police and fire fighter positions are funded by service fees from the rural district
and property taxes. A 1.9% increase in the property tax is proposed to meet the needs of the Police and Fire
Departments. He noted that all budget paperwork is available at City Hall for the public to review.
The Mayor reported that the City has tried to involve the public by conducting three budget presentations at the
Chamber Noon Break luncheons during the months of June, July, and August.
MOVED by Oates, SECONDED by Hopper to accept the tentative budget and set the Public Hearing for August 21,
2006 at 7:00 p.m. at the Regular City Council Meeting.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: None.
Absent and/or not voting: 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 July 17, 2006, the Special
City Council meeting held on July 27, 2006, the Caldwell Industrial Airport Commission meeting held on July
13, 2006, the Caldwell Golf Advisory Board meeting held on June 14, 2006, the Caldwell Planning & Zoning
Commission meeting held on March 14, 2006, and the Caldwell Hearing Examiner Public Hearing held on March
28, 2006;
2. Approve Order of Decision for Case No. SUB- 58B(8)F -00, Blackhawk #8 Final Plat;
3. Approve Order of Decision for Case No. SUB- 57(5)F -00, Virginia Park #5 Final Plat;
4. Approve Order of Decision for Case No. SUB- 109(1)F -04, Whitney Springs #1 Final Plat;
5. Approve Order of Decision for Case No. SUB /PUD- 130 -05, Sawgrass Village Final Plat;
6. Approve Order of Decision for Case No. SUB- 46(4)F -00, Weston Point #4 Final Plat;
7. Approve Pawnbroker License for D & J Pawn for the term of August 7, 2006 to August 7, 2007;
8. Approve Pawnbroker License for Caldwell Pawn for the term of August 7, 2006 to August 7, 2007;
9. Approve Pawnbroker License for Al's Pawn & Sports for the term of August 7, 2006 to August 7, 2007;
BOOK 47
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10. Approve Pawnbroker License for M.K. Sales & Pawn for the term of August 7, 2006 to August 7, 2007;
11. Approve Pawnbroker License for Duke's Pawn for the term of August 7, 2006 to August 7, 2007;
12. Approve Resolution 97 -06 accepting dedication of sewer, water, storm drain, and street light improvements from
J & M Development for Commuter Estates;
13. Approve Resolution 98 -06 accepting dedication of sewer, water, and street light improvements from Community
Development, Inc. for Charmae Springs No. 2;
14. Approve Resolution 99- 06accepting dedication of sewer, water, storm drain, and street light improvements from
Westpark Company for Blackhawk Subdivision, No. 7;
15. Approve Resolution 100 -06 accepting dedication of sewer, water, storm drain, and street light improvements
from Eldorado Development for Stonehenge Subdivision;
16. Approve Resolution 101 -06 accepting dedication of sewer, water, storm drain, and street light improvements
from Gofast Development for Ashton Hills Subdivision No. 6 /Lexington Subdivision No. 1;
17. Approve Resolution 102 -06 accepting dedication of sewer, water, and street light improvements from D.H.
Development, LLC for Pheasant Run Subdivision No. 1;
18. Approve Resolution 103 -06 accepting dedication of sewer, water, storm drain, and street light improvements
from Capital Development, Inc. for Manchester Subdivision No. 9;
19. Approve Resolution 104 -06 accepting dedication of sewer, water, storm drain, and street light improvements
from Montecito Park Development, LLC for Montecito Park Subdivision No. 3;
20. Approve Resolution 105 -06 accepting a temporary irrigation and utility easement from Powder River
Development, Inc. for Castle Peak Subdivision, No. 1;
21. Approve Resolution 106 -06 of Intent to form L.I.D. 06 -01 for the construction of sanitary sewer improvements
and install sewer service lines for Oak Street and set the protest hearing for September 5, 2006;
22. Approve Resolution 107 -06 authorizing the execution of an Agreement for Deferral of Public Improvement
Construction with Ideal Custom Homes, Inc., Angela Marie Williams, and Christopher Alexander Williams;
23. Approve Resolution 108 -06 authorizing the execution of an Encroachment Agreement with the Bureau of
Reclamation for Wilson Drain and Notus Canal Right -of -Ways at Canyon View Estates Subdivision;
24. Approve Resolution 109 -06 authorizing the execution of an amendment to Agreement for Engineering Services
with Montgomery - Watson- Harzafor the Caldwell Wastewater Treatment Plant Improvements;
25. Approve Resolution 110 -06 authorizing the execution of a Lease Agreement for public parking property with
Union Pacific Railroad;
26. Approve request for a five percent (5 %) Airport Note Payable to General Fund;
27. Approve request for replacement of HVAC heat/cool unit for the Caldwell Senior Citizen's Building in the
amount of $8,400.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as written.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none
MOTION CARRIED
OLD BUSINESS
(CONSIDER BILL NO. 25 [ORDINANCE NO. 26001 REGARDING THE ANNEXATION OF LEMRICK
PROPERTIES, LLC AND STAND AS THE THIRD AND FINAL READING)
The Mayor read Bill No. 25 by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LANDS LAY 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) AND
DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF
THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND
COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY
OF CALDWELL, IDAHO; 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 -2219.
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 25, move for its passage and approve the summary for
publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(CONSIDER ORDER OF DECISION FOR CASE NO. ANN - 120 -06 [ LEMRICK PROPERTIES] TO INCLUDE A
DEVELOPMENT AGREEMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO
ADMINISTRATIVELY SIGN THE ORDER OF DECISION AND DEVELOPMENT AGREEMENT)
MOVED by Hopper, SECONDED by Blacker to approve the Order of Decision and Development Agreement for ANN -
120-06 (Lemrick Properties) and authorize the Mayor and City Clerk to administratively sign the documents.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
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PAGE 126
(PUBLIC HEARING [LEGISLATIVE]: CONSIDER BILL NO. 34 [ORDINANCE NO. 26091, A REQUEST BY
THE CITY ATTORNEY TO ADOPT A NEW ARTICLE 21 TO CHAPTER 2 OF THE CITY CODE
REGARDING ESTABLISHMENT OF A DESIGN REVIEW COMMISSION AND APPROVE THE
APPOINTMENT OF BEN WEYMOUTH [1 -YEAR TERM], TOM ENSLEY [2 -YEAR TERM], NICK VOTH [2-
YEAR TERM], CHUCK RANDOLPH [3 -YEAR TERM], AND (VACANT) [3 -YEAR TERM])
The Mayor read Bill No. 34 by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING A NEW ARTICLE 21 TO
CHAPTER 2 OF THE CITY CODE REGARDING ESTABLISHMENT OF A DESIGN REVIEW COMMISSION;
SETTING FORTH THE LEGISLATIVE PURPOSE; PROVIDING FOR THE COMMISSION'S POWERS, DUTIES
AND ORGANIZATION; PROVIDING FOR APPEAL TO CITY COUNCIL; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDNANCES, RESOLUTIONS, ORDERS AN
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Oates, SECONDED by Hopper to close the public hearing
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and pass Bill No.34 on its first reading.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, 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. 34, move for its passage on the first reading, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent
and /or not voting: none.
MOVED by Oates, SECONDED by Hopper to approve the appointments of Ben Weymouth (1 -year term), Tom Ensley
(2 -year term), Nick Voth (2 -year term), and Chuck Randolph (3 -year term) to the Design Review Commission.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(CONTINUE PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 143P -06, A REQUEST BY NORTH
POLE, LLC FOR PRELIMINARY PLAT APPROVAL OF CALDWELL CROSSING SUBDIVISION
CONSISTING OF 6 COMMERCIAL LOTS, 1 COMMON LOT, AND 1 NON - BUILDABLE LOT ON
APPROXIMATELY 5.86 ACRES IN A C -2 [COMMUNITY - COMMERCIAL] ZONE)
Gordon Law, 621 Cleveland Blvd., acknowledged being sworn in and noted that there has not been a consensus of
agreement between the applicant or City staff at this time.
Bob Runyan, 242 N. 8"' Street, Boise, acknowledged being sworn in and presented a map of the area, which Mayor
Nancolas labeled at CC -1001. He suggested that the traffic mitigation fee be waived in exchange for dedicating a 20 -foot
frontage and building the right -hand turn lane as the Engineering Department has proposed.
Brent Orton, 621 Cleveland Blvd, was sworn in by the clerk and stated that the traffic mitigation compromise proposal by
Mr. Runyan is acceptable.
Discussion followed by the Council Members and staff concerning the traffic mitigation fee amount, the dedication of
parcel frontage, and obligations by the current property owner and/or the previous owner, Ambassador R.V. Park.
In rebuttal, Mr. Runyan stated that he would speak with Ambassador R.V. concerning prior obligations which were not
met before selling the property. He noted that the issue should be resolved with the Idaho Transportation Department.
MOVED by Dakan, SECONDED by Oates to close the public hearing.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
EVIDENCE LIST:
The Nancolas presented the Evidence List: staff report, sign up sheets, preliminary plat, CC -1000 (document ofturn lanes
presented by Bob Runyan), and CC -1001 (map of area presented by Bob Runyan).
BOOK 47 PAGE 127
MOVED by Oates, SECONDED by Blacker to approve the evidence list as presented.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS:
MOVED by Oates, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the staff report
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT:
MOVED by Dakan, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony, the
evidence list that has been adopted, noting that at the last hearing Council instructed City staff to work with the developer
on coming to an agreement.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW:
MOVED by Oates, SECONDED by Blacker that Council has the authority to hear this request and order that it be
approved or denied. The public notice requirements were met and the hearing was held within the guidelines of applicable
codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION:
MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council orders that Case No. SUB- 143P -06, a request by North Pole LLC for preliminary plat approval of Caldwell
Crossing Subdivision, which consists of six (6) commercial lots, two (2) common lots, and one (1) unbuildable lot is
hereby approved with the conditions as outlined in the staff report as well as the agreement provided in testimony by Mr.
Runyan and Mr. Orton regarding the agreement for the right -of -way approval and completion of the turn lane.
Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: Hopper. Absent and /or not
voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED Dakan, to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
NEW BUSINESS
(CONSIDER PROTEST TO AWARD OF BID AND APPROVE AWARD OF BID FOR FRANKLIN SEWER
PROJECT TO SOMMER CONSTRUCTION IN THE AMOUNT OF $2,273,000.00)
Gordon Law, City Engineer, addressed the Council concerning staff's recommendation in regards to the Award of Bid. He
noted that the apparent low bidder was responsive in all particulars except that they did not acknowledge receipt of
Addendum No. 4. Due to this fact, a protest was filed by the other bidder. He noted that the consultant, J -U -B Engineers,
City staff, and the City Attorney evaluated the situation. A determination was made that the exception was not "material"
since Addendum No. 4 created a lesser expense obligation on the bidder and the fact that the apparent low bidder did have
Addendum No. 4 in his possession, but failed to include it on his submittal.
Aaron Sable, City Attorney at 1303 12"' Avenue Road, Nampa, stated that the Council has the right to waive any
informalities since the addendum was received and incorporated into the bid. The informality was simply that the bidder
failed to recognize the document on the bid which does not stifle competition or give the bidder any unfair advantage.
MOVED by Oates, SECONDED by Blacker to reject the protest and award the bid to the apparent low bidder, Sommer
Construction in the amount of $2,273,000.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. ZON- 44 -06, A REQUEST BY GB REDI -MIX, FOR
ZONE CHANGE APPROVAL FROM M -1 [LIGHT INDUSTRIAL] ZONE TO M -2 [HEAVY INDUSTRIAL]
ZONE AND A DEVELOPMENT AGREEMENT TO OPERATE A CONCRETE BATCH PLANT AT 211 N. KIT
AVENUE)
The Mayor reviewed the public hearing process and the clerk swore in those who would be providing testimony
BOOK 47 PAGE 128
Brian Billingsley, 621 Cleveland Blvd, acknowledged being swom in and presented the staff report as written.
John Green, 6701 West Flamingo, Nampa, acknowledged being sworn in and spoke in favor of the application. He
presented a map and a group of three picture display boards of the site which Mayor Nancolas labeled as CC -1000. He
noted that the property is approximately 90,000 sq. ft. in size and contains a 6,000 sq. ft. building. The plans include the
location of corporate offices, a maintenance shop and a small ready mix concrete plant at the site. Fifteen to twenty
persons will be employed at this location. He noted that there are other businesses in the immediate area with similar
purposes conducive to the requested M -2 (Heavy Industrial) zone.
Lance Thueson, 455 S. King Road, Nampa, acknowledged being sworn in and spoke in favor ofthe application. He noted
that Redi -Mix has purchased the property.
In response to questions from Councilman Hopper, Mr. Billingsley stated that there are M -2 zoned properties north of the
site.
Councilman Wells stated that the Simplot agricultural plant is close to the proposed site and even though it is located
within the County, its use is consistent with the M -2 zoning designation.
MOVED by Dakan, SECONDED by Blacker to close the public testimony.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
EVIDENCE LIST:
The Mayor presented the Evidence List: staff report, sign up sheets, and CC -1000 (group of three display boards of 211
N. Kit presented by Mr. Green).
MOVED by Blacker, SECONDED Oates to approve the evidence list as presented.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS:
MOVED by Hopper, SECONDED by Oates to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT:
MOVED by Hopper, SECONDED by Blacker to accept the facts as outlined in the staff report, the public testimony, the
evidence list that has been adopted, and note that there was no opposition to this application.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW:
MOVED by Oates, SECONDED by Hopper that Council has the authority to hear this request and order that it be
approved or denied. The public notice requirements were met and the hearing was held within the guidelines of applicable
codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION:
MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council orders that Case No. ZON- 44 -06, a request by John Green to rezone property generally located at 211 North Kit
Avenue from M -1 (Light Industrial) to M -2 (Heavy Industrial), to include a development agreement spelling out the terms
and arrangements of the rezone, is hereby approved with the conditions as outlined in the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED Hopper to close the public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 148P -06, A REQUEST BY J.J. HOWARD
ENGINEERING, FOR PRELIMINARY PLAT APPROVAL OF ISON [COMBINED MEDIUM DENSITY
RESIDENTIAL] ZONE)
BOOK 47 PAGE 129
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in the presented the staff report
Dean Waite, 672 Bonita Canyon, Meridian, acknowledged being sworn in and spoke in favor of the application. He noted
that a neighborhood meeting was conducted concerning the proposal. He indicated that the development will assist to
improve the blighted area.
MOVED by Hopper, SECONDED by Oates to close the public testimony.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
EVIDENCE LIST:
The Mayor presented the Evidence List: staff report, sign up sheets, and the preliminary plat.
MOVED by Oates, SECONDED by Blacker to approve the evidence list as presented.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS:
MOVED by Hopper, SECONDED by Oates to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT:
MOVED by Hopper, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony, the
evidence list that has been adopted, and note that there was no opposition to the application.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW:
MOVED by Oates, SECONDED by Blacker that Council has the authority to hear this request and order that it be
approved or denied. The public notice requirements were met and the hearing was held within the guidelines of applicable
codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION:
MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council orders that Case No. SUB- 148P -06, a request by Dean Waite for preliminary plat approval of Ison Subdivision,
which contains 16 residential lots and five (5) common lots, is hereby approved with the conditions as outlined within the
staff report with the following modifications: 1) Delete Conditions 8.13 and 8.14, 2) Modify Conditions 8.16, 8.18, and
8.19 to refer to Beech and Indiana rather than 10 and Laster.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, 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.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 119 -06 AND SUB /PUD- 147P -06, A REQUEST BY
LANDMARK ENGINEERING & PLANNING TO ANNEX APPROXIMATELY 154.73 ACRES INTO THE
CITY, 150.96 ACRES OF WHICH WOULD BE DESIGNATED R -1 [SINGLE- FAMILY RESIDENTIAL] ZONE
AND 3.77 ACRES DESIGNATED C -2 [COMMUNITY COMMERCIAL] ZONE, TO INCLUDE A
COMPREHENSIVE PLAN MAP AMENDMENT FROM AGRICULTURE TO LOW- DENSITY RESIDENTIAL
AND COMMERCIAL, A DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT APPROVAL,
AND PRELIMINARY PLAT APPROVAL OF BISHOP RANCH SUBDIVISION TO DEVELOP 370
RESIDENTIAL LOTS, 7 COMMERCIAL LOTS, AND 32 COMMON LOTS)
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as written. He noted
that the pathway running through the center of the property would eventually end at the intersection of Middleton and
Lincoln Road. He stated that 19% of the site has been dedicated for open space, which is considered an amenity with the
PUD request.
BOOK 47
PAGE 130
In response to questions from Council Members, Mr. Billingsley stated that there would be a realignment of Lincoln Road,
which would ease the Marble Front intersection. He noted that the existing Lincoln intersection would be vacated and
dedicated for commercial use.
Clint Boyle, 104 9"' Avenue South, Nampa, was sworn in and spoke in favor of the application. He presented a packet of
information concerning the proposed development which Mayor Nancolas labeled at CC -1000 and a large colored plat
map, which the Mayor labeled at CC -1001. He noted that a neighborhood meeting was conducted. The PUD portion
refers only to the western portion of the subdivision plat where the minimum lot size is 5,200 sq. ft., which is conducive to
a patio -home concept; thus, bringing variety to the subdivision along with the upper - scale, single residences and
commercial development.
Mr. Boyle pointed out discrepancies within the staff report versus the development agreement regarding pathways along
the waterways. He noted that the Hearing Examiner had recommended that the pathway be extended through the middle
of the project. Condition 12.38 was agreed upon by the developer, but would like the option of having a bonus room
which has windows out toward the street.
Mr. Boyle stated that the staff report and the development agreement do not coincide concerning right -of -way widths
along Marble Front Road. He outlined waivers that the developer is requesting from the City's standard roadway
requirements at the Marble Front/Lincoln Road intersection due to safety issues and visibility restraints. He reported that
they are proposing the widening of Marble Front Road from Wells to Ward and then angle into Ward which would serve
as a north/south collector. He stated that the prescriptive right -of -way for Marble Front Road is off site in regards to the
proposed development.
The Mayor stated that a secondary access is necessary for safety vehicles.
In response to questions from Councilman Hopper, Mr. Boyle reported that the out parcel on the northwest corner of the
development was divided from the parcel approximately ten (10) years ago.
Krista Kingston, 11201 Marble Front, acknowledged being swom in and spoke as neutral to this application. She noted
her main concern deals with safety issues with the Marble Front and Middleton Road intersection. She suggested that the
City consider the proposed culdesac at the end of the drain and not the inclusion of the stub road. She presented a letter
from her parents, Terry and Sharon Roedel, which Mayor Nancolas labeled as CC -1002.
In response to questions from Mayor Nancolas, Gordon Law stated that the culdesac is not feasible due to the length of the
roadway without the inclusion of the proposed stub street.
Steve Roedel, 111077 Marble Front Road, acknowledged being sworn in and spoke as neutral to this application. He
reported that gophers wash the road out and the County Highway District does not desire to maintain it. He stated his
desire for the roadway to be improved and a culdesac developed. He reported that the prescriptive right -of -way easement
along his property was associated for access to the old Marble Front School since 1905.
Discussion between Council Members and staff followed concerning Marble Front right -of -way improvement options.
Rebuttal remarks were offered by Mr. Boyle. He reported that the Canyon County Highway District submitted a letter to
City staff stating that they do not support any additional use of or additional traffic on Marble Front between Ward Lane
and Middleton Road.
Councilman Hopper suggested that staff and the developer look at all options concerning solutions of aligning Marble
Front Road by using variances, if needed, which would satisfy public safety and accessibility issues for the Roedel family.
MOVED by Hopper, SECONDED by Blacker to continue this hearing to the Regular City Council Meeting to be held on
August 21, 2006 at 7:00 p.m., thereby giving staff a chance to look at roadway options and come up with specific
recommendations, which would assist the Roedel family and future development.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, 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
$953,368.65 for the period ending July 27, 2006 and a net payroll in the amount of $257,715.49 for the pay period ending
July 22, 2006.
MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $953,368.65 represented by check
numbers 36757 through 37121 and the total payroll in the amount of $257,715.49 represented by check numbers 10643
through 10814 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Unanimous.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Dakan reported that the Golf Board recently met concerning the Purple Sage facility and another
neighborhood meeting has been set for August 14, 2006 concerning future development. He noted that the season pass
amounts have been set.
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