HomeMy WebLinkAbout2006-12-04city council minutesBOOK 47
REGULAR MEETING
DECEMBER 4, 2006
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
PAGE 198
The Mayor welcomed everyone and asked Pastor Bertelsen of the Oregon Trail Church of God to lead in prayer.
Everyone remained 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 Wells. Absent: none.
SPECIAL PRESENTATIONS
The Mayor introduced Mrs. Jackson, the government teacher from Caldwell High School, and asked her to have her
students introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Oates to amend the agenda by continuing Item #9 under the Consent Calendar
due to the need for additional clarification, to the Regular City Council Meeting to be held on December 18, 2006 and
continue Item #1 under Old Business to the Regular City Council Meeting to be held on December 18, 2006.
Those voting yes: unanimous.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to amend the agenda by adding Item #5 -A under New Business to read:
Executive Session Pursuant to Idaho State Code 67 -2345 for the Purpose of Discussing Litigation.
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
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 November 20, 2006;
2. Approve Order of Decision for Case No. ANN - 126 -06 (Dugan Annexation);
3. Approve Order of Decision for Case No. SUB- 158PF -06 (Rancho Tamayo Subdivision);
4. Approve Order of Decision for Case No. SUB- 55(8)F -00 (Delaware Park Subdivision No. 1, Unit 8);
5. Approve Order of Decision for Case No. SUB- 119(1)F -05 (Faith Landing Subdivision No. 1);
6. Approve Resolution No. 176 -06 accepting dedication of an easement for a sewer and water mainline from Van
Engelen Development, Inc. for Heritage Meadows Subdivision No. 1;
7. Approve Resolution No. 177 -06 accepting dedication of sewer, water, storm drain, and street light improvements from
Land Pro Development, LLC for Quail Ridge Subdivision No. 1;
8. Approve Resolution 178 -06 accepting dedication of sewer, water, storm drain, and street light improvements from
Land Pro Development, LLC for Weston Pointe Subdivision No. 4;
9. Approve Resolution authorizing the adoption of the Transitional Work Program for the Fire Department; [Remove
from the agenda]
10. Approve appointment of Patricia Benedict to the Caldwell Housing Authority Commission for a 5 -year term ending
December 31, 2011;
11. Accept Assessment Roll for Local Improvement District No. 04 -1 and set the Public Hearing for January 2, 2007.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Those voting yes: unanimous.
OLD BUSINESS
MOTION CARRIED
(CONTINUE PUBLIC HEARING [QUASI - JUDICIAL]: CASE NOS. ANN - 132 -06 AND SUB- 156P -06, A
REQUEST BY L -202 -1 ID PEREGRINE ESTATES FOR ANNEXATION OF 161.15 ACRES INTO THE CITY
WITH R -1 [SINGLE- FAMILY RESIDENTIAL] ZONING, A COMPREHENSIVE PLAN MAP AMENDMENT
DESIGNATING THE SITE LOW- DENSITY RESIDENTIAL, A DEVELOPMENT AGREEMENT, AND FOR
PRELIMINARY PLAT APPROVAL OF PEREGRINE ESTATES SUBDIVISION WITH 507 RESIDENTIAL
LOTS AND 23 COMMON LOTS)
(CONSIDER BILL NO. 57 [ORDINANCE 26321 FOR CASE NO. ANN - 132 -06 [PEREGRINE ESTATES
SUBDIVISION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
BOOK 47
PAGE 199
MOVED by Hopper, SECONDED by Blacker to continue Item #1 and Item #2 to the Regular City Council Meeting to be
held on December 18, 2006 at 7:00 p.m. as requested by the applicant.
Those voting yes: unanimous.
MOTION CARRIED
(CONTINUE PUBLIC HEARING [QUASI -JUDICIAL]: CASE NOS. ANN - 131 -06 AND SUB- 155P -06, A
REQUEST BY LANDMARK ENGINEERING & PLANNING FOR ANNEXATION OF 206.61 ACRES INTO
THE CITY WITH R -1 [SINGLE- FAMILY RESIDENTIAL] ZONING, FOR PRELIMINARY PLAT APPROVAL
OF EAGLE ROCK SUBDIVISION WITH 512 RESIDENTIAL LOTS AND 50 COMMON LOTS, A
COMPREHENSIVE PLAN MAP AMENDMENT DESIGNATING THE SITE LOW - DENSITY RESIDENTIAL,
AND A DEVELOPMENT AGREEMENT)
MOVED by Dakan, SECONDED by Hopper to reopen the public testimony portion of the 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
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being previously sworn in. She noted that the purpose of
continuing the hearing was to clarify the conditions within the staff report and development agreement. She reported that
the staff report and the development agreement have been modified in agreement with the developer and staff.
Chris Todd, 188 Northside Blvd, Nampa, acknowledged being previously sworn in. He stated that the developer is in
agreement with the changes made to the staff report and the development agreement.
MOVED by Dakan, SECONDED by Blacker to close the public testimony
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NOS. ANN- 131 -06 AND SUB- 155P -06:
The Mayor presented the Evidence List: staff report, sign up sheets, preliminary plat, and CC -1000 (large plat map
presented by Clint Boyle).
MOVED by Oates, SECONDED by Hopper 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 FOR CASE NO. ANN- 131 -06:
MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Those voting yes: unanimous.
FINDINGS OF FACT FOR CASE NO. ANN- 131 -06
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony given in
this matter, the evidence list that has been approved, and note that the issues that were of concern in both the staff report
and the development agreement have been addressed.
Those voting yes: unanimous.
MOTION CARRIED
CONCLUSIONS OF LAW FOR CASE NO. ANN - 131 -06:
MOVED by Hopper, SECONDED by Oates that Council has the authority to hear this request and order that it be
approved or denied. The hearing was legally noticed and posted and was held under the requirements of Idaho codes and
City ordinances.
Those voting yes: unanimous.
ORDER OF DECISION FOR CASE NO. ANN- 131 -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. ANN- 131 -06, a request by Landmark Engineering and Planning for annexation of
206.61 acres into the City of Caldwell with R -1 (Single - Family Residential) zoning, a Comprehensive Plan Map
amendment designating the property low- density residential and a development agreement listing the terms and conditions
of the rezone be approved with the conditions listed in Section 8 of 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
BOOK 47
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB- 155P -06:
PAGE 200
MOVED by Hopper, SECONDED by Oates to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Those voting yes: unanimous.
FINDINGS OF FACT FOR CASE NO. SUB- 155P -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the facts as outlined in the staff report, the public testimony given
in this matter, the evidence list that has been approved, and note that the issues discussed were addressed within 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
CONCLUSIONS OF LAW FOR CASE NO. SUB- 155P -06:
MOVED by Hopper, SECONDED by Blacker that Council has the authority to hear this request and order that it be
approved or denied. The hearing was legally noticed and posted and was held under the requirements of Idaho codes and
City ordinances.
Those voting yes: unanimous.
ORDER OF DECISION FOR CASE NO. SUB- 155P -06
MOTION CARRIED
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- 155P -06, a request by Landmark Engineering and Planning for preliminary plat
approval of Eagle Rock Subdivision, which contains 513 residential lots and 50 common lots, is approved with the
conditions as outlined in Section 12 ofthe staffreport.
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.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 58 [ORDINANCE 26331 FOR CASE NO. ANN - 131 -06 [EAGLE ROCK SUBDIVISION]
WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE
SUMMARY FOR PUBLICATION UPON SIGNATURE OF THE DEVELOPMENT AGREEMENT)
The Mayor read Bill No. 58 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 DISTRICT; 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; 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 -215.
MOVED by Hopper, SECONDED by Dakan to waive the three reading process and consider Bill No. 58 on its first
reading by title only.
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 Dakan to sponsor Bill No. 58, move for its passage and approve the summary for
publication upon signature of the development agreement.
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
NEW BUSINESS
(PUBLIC HEARING [QUASI -JUDICIAL]: CASE NO. SUB- 154PF -06, A REQUEST BY THE CARRINGTON
COMPANY FOR SHORT PLAT APPROVAL OF CARRINGTON CENTER SUBDIVISION WITH TWO [2]
COMMON LOTS AND ONE [1] COMMERCIAL LOT)
BOOK 47
PAGE 201
The Mayor explained the public hearing process and had the clerk swear in those that were signed up to speak at any of the
public hearings tonight.
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented a large map of the site, which the
Mayor labeled as CC -1000. She outlined the facts as written within the staff report. She noted that open space is not
required at this point, but internal landscaping would be required at the time of the building permit process.
Tom Kraus, 6475 Hwy. 93 South, Whitefish, Montana, acknowledged being sworn in. He stated that he has been working
closely with the City Engineering Department concerning the short plat process. He presented a smaller map of the site,
which the Mayor labeled as CC -1001. He requested that the staff report be corrected to list the development's name as
Carrington Center Subdivision.
In response to questions from Councilman Dakan, Mr. Kraus stated that he could not disclose information at this time
concerning the future plans of the development.
Brent Orton, 621 Cleveland Blvd., was sworn in by the clerk. He stated that the developer would be making a contribution
towards traffic signalization at the Ustick and 10"' Avenue intersection. He recommended that Item #3.5 be restated as a
condition of approval.
In response to questions from Councilman Wells, Mr. Orton noted that Item #8.11 dealing with irrigation is correct
MOVED by Blacker, SECONDED by Oates to close the public testimony.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB- 1 54PF-06:
The Mayor presented the Evidence List: sign up sheets, staff report, CC -1000 (large map of the subdivision presented by
Anne Marie Skinner), and CC -1001 (smaller map ofthe site presented by Tom Kraus).
MOVED by Hopper, SECONDED by Blacker to approve the evidence list as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB- 1 54PF-06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Those voting yes: unanimous.
FINDINGS OF FACT FOR CASE NO. SUB- 154PF -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the facts as outlined in the staff report, the public testimony given
this evening, the evidence list that has been approved, and note that there was no opposition to the application.
Those voting yes: unanimous.
CONCLUSIONS OF LAW FOR CASE NO. SUB- 154PF -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker that Council has the authority to hear this request and order that it be
approved or denied. The hearing was legally noticed and posted and was held under the requirements of Idaho codes and
City ordinances.
Those voting yes: unanimous.
ORDER OF DECISION FOR CASE NO. SUB- 154PF -06:
MOTION CARRIED
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- 1 54PF-06, a request by the Carrington Company for preliminary and final plat approval
of Carrington Center Subdivision, which consists of one (1) commercial lot and two (2) common lots, be approved with
the conditions listed in Section 8 of the staff report and note that an additional condition reflecting the applicant's
contribution to the signalization be included.
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 Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 47
PAGE 202
(PUBLIC HEARING [QUASI -JUDICIAL]: CASE NO. ZON- 48 -06, A REQUEST BY FAST TRAC
DEVELOPMENT FOR A REZONE FROM R -3 [MULTI - FAMILY RESIDENTIAL] TO C -2 [COMMUNITY
COMMERCIAL] AND A DEVELOPMENT AGREEMENT)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented a large aerial map of the site,
which the Mayor labeled as CC -1000. She outlined the facts as written within the staff report.
Larry VanHees, 2540 South Delrey, Meridian, was sworn in by the clerk He stated that the developer was in agreement
with the staff report.
MOVED by Oates, SECONDED by Hopper to close the public testimony.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON- 48 -06:
The Mayor presented the Evidence List: sign up sheets, staff report, and CC -1000 (large aerial site map presented by
Anne Marie Skinner).
MOVED by Hopper, SECONDED by Oates to approve the evidence list as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 48 -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to adopt the Comprehensive Plan Analysis as outlined in the staff report.
Those voting yes: unanimous.
FINDINGS OF FACT FOR CASE NO. ZON- 48 -06:
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony given
this evening, the evidence list that has been approved, and note that there was no opposition to the application.
Those voting yes: unanimous.
CONCLUSIONS OF LAW FOR CASE NO. ZON- 48 -06:
MOTION CARRIED
MOVED by Oates, SECONDED by Hopper that Council has the authority to hear this request and order that it be
approved or denied. The hearing was legally noticed and posted and was held under the requirements of Idaho codes and
City ordinances.
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION FOR CASE NO. ZON- 48 -06:
MOVED by Oates, SECONDED by Hopper that based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council orders that Case No. ZON- 48 -06, a request by Fast Trac Development, LLC to rezone a parcel of land located at
the southwesterly corner of the intersection at 11"' Avenue and Freeport Street from R -3 (Multi - Family High - Density
Residential) zone to C -2 (Community Commercial) zone and a development agreement listing the terms and conditions of
the rezone be approved with the conditions listed in Section 8 of 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
MOVED by Oates, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of
$578,869.70 for the period ending November 29, 2006 and a net payroll in the amount of $223,873.06 for the pay period
ending November 11, 2006.
MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $578,869.70 represented by check
numbers 39899 through 40102 and the total payroll in the amount of $223,873.06 represented by check numbers 11518
through 11590 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk
Those voting yes: unanimous.
MOTION CARRIED
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