HomeMy WebLinkAbout2011-04-18city council minutes
6:00 p.m.
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING: 1) THE
TRADITIONAL NEIGHBORHOOD ZONE ORDINANCE, THE ADMINISTRATIVE
DETERMINATION OF SPECIAL USES ORDINANCE AS WELL AS OTHER
MISCELLANEOUS ITEMS LOCATED WITHIN THE ZONING ORDINANCE. 2) PROPOSED
EASEMENT AT PURPLE SAGE GOLF COURSE CONCERNING IDAHO POWER)
Council Members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba.
Staff Members in attendance: Anne Marie Skinner, Brian Billingsley, Brent Orton, Robb MacDonald,
Jared Hale, and Katie Phillips.
Guests in attendance: Henry and Ina Busse.
Mayor Nancolas declared the workshop open.
Anne Marie Skinner, 621 Cleveland Blvd., presented an overview of proposed Ordinance No. 2864
regarding a new Article 13 in Chapter 10 of the Zoning Ordinance. It was suggested that portions of the
ordinance dealing with the airport be reviewed in detail by Brent Orton, Rob Oates, Mayor Nancolas, and
Anne Marie Skinner.
Anne Marie Skinner also outlined the contents of proposed Ordinance No. 2865. Discussion followed
concerning the setback requirements and the allowance of backyard chickens as proposed. It was
suggested that Ms. Skinner speak with the Fire Marshal concerning safety issues in conjunction with the
proposed setback requirements.
Brent Orton, 621 Cleveland Blvd. presented a packet of information about a proposed easement purchase at
the Purple Sage Golf Course involving Idaho Power.
No decisions were made or action taken within this workshop.
Workshop dismissed at 6:55 p.m.
REGULAR MEETING
April 18, 2011
7:00 P.M.
The Mayor reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of
discussing the proposed Ordinances 2864 and 2865 dealing with Chapter 10 of the Zoning Ordinance, and a
potential easement at Purple Sage Golf Course involving Idaho Power. No decisions were made or action
taken within the workshop.
The Mayor asked that everyone stand for the invocation offered by Pastor Gerald Crownover of the First
Assembly of God 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, Ozuna, Hopper,
Callsen, Dakan, and Sobba.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
: The Mayor acknowledged Denise Milburn, Administrative Assistant at
A. Employee of the Month
the Parks/Recreation Department, as the Employee of the Month for March. A plaque was
presented to Ms. Milburn and a gift certificate for her outstanding abilities and work ethic.
B.Report concerning City’s Involvement with the Phyllis Canal Breach Incident: ElJay Waite, City
Finance Director, and Brent Orton, City Engineer expressed their appreciation to City employees
who assisted in emergency services and clean-up efforts concerning the Phyllis Canal flooding
incident on April 12, 2011. Mr. Waite recognized the Police Department, Fire Department,
Engineering Department, Street Department, and Water Department all responded to the flood
within Manchester Subdivision. He noted that a total of 271.75 man hours were expended
concerning the emergency. Mr. Waite reported that the City’s insurance broker, Ray Wolfe of
Hartwell Insurance, contacted him and expressed appreciation to the City of Caldwell employees
in their efforts to minimize the damage to residents within Manchester Subdivision.
WHEREAS, honesty, sound character, good citizenship, and a sense of responsibility is critical in our
community’s future; and
WHEREAS, Chad Knie clearly displays all these wonderful characteristics, and
WHEREAS, Chad Knie’s outstanding character was seen when he found and recovered $2,500 dollars,
putting it back in the hands of its rightful owner; and
WHEREAS, Chad Knie has proven to be an exemplary citizen, hero and serves as a role model of
mutual regard and civility.
NOW, THEREFORE, I, Garret L. Nancolas, Mayor of the City of Caldwell, do hereby proclaim
Monday, April 18, 2011 as CHAD KNIE DAY in the City of Caldwell and call upon the community to
recognize and thank Chad Knie for his exceptional character, honesty, and good citizenship.
Mayor Nancolas stated that he and Mr. Ardister would personally deliver this proclamation to Mr.Knie
at his business location.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Item #8 from the
Consent Calendar and by adding an Executive Session to read as follows: “Executive Session
pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending
litigation.”
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 Public Workshop and Regular
Meeting held on April 4, 2011, the City Council Public Workshop held on April 11, 2011,
and the Caldwell Industrial Airport Commission Meeting held on April 7, 2011;
2.Approve Order of Decision for Case No. ZON-784-11 (Woodburn rezone);
3.Approve Order of Decision for Case No. SUB-106E-04 (Sky Ranch Business Center #1 time
extension);
4.Approve Resolution authorizing recordation of the document titled “Acknowledgement and
Notice of Completion of Development Agreement Obligations” for Dakota Crossing
Subdivision No. 1 and Dakota Crossing Subdivision No. 2;
5.Approve Resolution accepting the dedication of sewer, water, and storm drain manhole from
BH Caldwell, LLC for Caldwell Commons Phase 1;
th
6.Approve Resolution accepting the Award of Bid for the 10 Avenue Sidewalk Project to
A.S.C., Inc. in the amount of $45,601;
7.Approve Resolution authorizing the execution of the Corporate Health Services Agreement
with Saint Alphonsus and Company regarding City of Caldwell Wellness Program
Management;
8.Approve Resolution authorizing the execution of a Warranty Deed from the City of Caldwell
to Canyon County for the real property located beneath the Canyon County Fair Building;
REMOVED]
[
9.Approve Resolution authorizing excess City-owned property to be declared as surplus
property for donation to the Computers for Kids Program;
10.Approve Proclamation declaring the month of May, 2011, as Building Safety Month as
initiated by the International Code Council Foundation.
MOVED by Blacker, SECONDED by Sobba to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS:
(PUBLIC HEARING [LEGISLATIVE] [CONTINUED FROM APRIL 4, 2011]: CASE NO. OA-
135-10 [CITY CENTER SIGN ORDINANCE] A REQUEST FROM THE CALDWELL
through a City Council public hearing prior to placement.
The Mayor stated that no one had signed up to speak at the public hearing. He asked if anyone in the
audience had comments or questions regarding the issue. No response was received.
MOVED by Blacker, SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 36 [ORDINANCE NO. 2851] [CITY CENTER SIGN ORDINANCE
AMENDMENT] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 12, SECTION 4 OF THE CALDWELL
CITY CODE WHICH IS THE CITY CENTER DISTRICT ORDINANCE; 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 Blacker to waive the three reading process and consider Bill No.
36 (Ordinance 2851) on its first reading by title only.
Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 36 (Ordinance 2851), move for its
passage, and approve the summary for publication.
Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 10 [ORDINANCE NO. 2869] FOR CASE NO. ZON-74-11
[WOODBURN REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE
FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS
OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID
LANDS SHOULD BE REZONED TO THE M-1 (LIGHT INDUSTRIAL) ZONE; DETERMINING
THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,
CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND
ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY
OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
OR PARTS THEREOF IN CONFLICT HEREWITH.
.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
10 (Ordinance 2869) on its first reading by title only.
Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 10 (Ordinance 2869), move for its
passage, and approve the summary for publication.
Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL] [CONTINUED FROM APRIL 4, 2011]: CASE
NUMBER SUB/PUD-169E-07 A REQUEST BY CALDWELL 260 LLC, MUTUAL BENEFIT
INVESTMENTS INC., AND LANDMARK ENGINEERING & PLANNING FOR A TIME
EXTENSION FOR THE PRELIMINARY PLAT OF LAKEMONT SUBDIVISION LOCATED
AT THE NORTHEAST CORNER OF THE INTERSECTION OF MIDLAND BOULEVARD
AND LINCOLN ROAD)
is Mutual Benefit Investments. This is their second and final time extension request for the
preliminary plat. She recommended approval of the request. An aerial map of the site was presented,
which the Mayor labeled as CC-1000.
In response to questions from Councilman Hopper, Ms. Skinner clarified that all final plats associated
with the development must be recorded no later than March 9, 2019. She indicated that all phases
must be completed by this date.
Cheryl Moriarty, Mutual Benefit Investments at 1810 West State Street, #129, Boise acknowledged
being sworn in and spoke in favor of the request. She stated that the extension is due to current
economic conditions.
Pam Peterson, 21250 North Midland, signed in as neutral but chose not to give public testimony.
MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB-169E-07:
The Council President presented the Evidence List: staff report, sign-up sheets, preliminary plat, and
CC-1000 (aerial map of SUB-169E-07 as presented by Anne Marie Skinner).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB-169E-07:
MOVED by Hopper, SECONDED by Blacker 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.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB-169E-07:
MOVED by Hopper, 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.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB-169E-07:
MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SUB/PUD-169(E)-07, a request by Caldwell
260 LLC and Mutual Benefit Investments Inc. for a time extension for preliminary plat approval of
Lakemont Subdivision is approved with the conditions as specified in the staff report.
Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
The Mayor declared a short recess allowing for the City Clerk to meet with the police at City Hall
since the security alarm had been activated.
NEW BUSINESS:
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB-133E-05 A REQUEST BY
KARCHER 59 LLC, MUTUAL BENEFIT INVESTMENTS INC. FOR A TIME EXTENSION
FOR THE PRELIMINARY PLAT OF FIELDCREST VILLAGE SUBDIVISION LOCATED
AT THE NORTHEAST CORNER OF THE INTERSECTION OF KARCHER ROAD AND
LAKE AVENUE)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd, presented the staff report and outlined the facts as written.
She noted that the criteria for the extension have been met and staff recommends approval of the
extension. An aerial map of the site was presented, which the Mayor labeled as CC-1000.
.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB-133E-05:
The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (aerial
map of SUB-135E-04 presented by Anne Marie Skinner).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB-133E-05:
MOVED by Hopper, SECONDED by Blacker 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 time extension request.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB-133E-05:
MOVED by Hopper, 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.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB-133E-05:
MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SUB-133(E)-05, a request by Karcher 59 LLC
and Mutual Benefit Investments for a time extension for the preliminary plat approval of Fieldcrest
Village is approved with the conditions as specified in the staff report.
Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,168,062.41 for the period ending April 13, 2011and net payroll in the amount of
$256,683.37 for the pay period ended April 9, 2011.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,168,062.41
represented by check numbers 75720 through 76041 and the total payroll in the amount of $256,683.37
represented by check numbers 21445 through 21573 and direct deposits be accepted, payment
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Dakan reported that he attended the recent retirement celebration for Officer Watson of
the Caldwell Police Department.
Council Member Ozuna reported that Pam Nancolas, in an attempt to protect a child from a pit bull,
was personally attacked by the vicious animal. Ms. Ozuna expressed her appreciation for Ms.
Nancolas’ act of bravery.
(MAYOR’S COMMENTS)
Upcoming events:
The Local Legends event will be held on Saturday, April 23, at O’Connor Field House.
The Community Easter Egg Hunt will be held on Saturday, April 23, at Memorial Park.
Community Pride Day will be held on Saturday, April 30, at 9:00 a.m. All participants will
meet in the City Hall parking lot located at 411 Blaine Street.
West Valley Medical Center “Jog of Joints” event will be held on Saturday, April 30, at 10:00
a.m.
The Day of Child Celebration will be held on Saturday, April 30, at Serenity Park.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION [F]
convene
MOVED by Callsen, SECONDED by Blacker to re into Regular Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Blacker, SECONDED by Ozuna to adjourn at 9:10 p.m.
MOTION CARRIED
nd
APPROVED AS written THIS 2 DAY OF MAY , 2011.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk