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HomeMy WebLinkAbout2006-05-15city council minutesBOOK 47 Page 83 REGULAR MEETING MAY 15, 2006 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor welcomed everyone and asked Fred Freemen from the LDS Church 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 None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Dakan to approve the agenda as printed. 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 AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Approve acceptance of the minutes from the Special City Council meeting held on May 8, 2006, the Traffic Commission meeting held on May 1, 2006, and the Caldwell Housing Authority Commissioners Meetings held on September 6, 2005, October 19, 2005, November 1, 2005, December 6, 2005, January 3, 2006, February 7, 2006, March 7, 2006, and April 4, 2006; 2. Approve Resolution 67-06 authorizing execution of the Professional Services Agreement for Design of 10th & Logan Signalization with Six Mile Engineering, PA; 3. Approve Resolution 68-06 authorizing execution of the Agreement of Engineering Services for Pre-Design Services of Aeration Basin No. 3 with Montgomery Watson Harza; 4. Approve Resolution 69-06 authorizing execution of the State/Local Agreement for Design of Interchange 29 Project with Idaho Transportation Department. MOVED by Blacker, SECONDED by Dakan to approve the Consent Calendar as printed. 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 OLD BUSINESS (CONTINUED PUBLIC HEARING (QUASI-JUDICIAL): SUB-261-06 – AN APPEAL REQUEST BY CANYON COUNTY TO ALLOW AN EXPANSION OF THEIR EXISTING CRIME LAB FACILITY LOCATED AT 11TH AND BELMONT STREET) The Mayor declared the public hearing continued and open. Mark Hilty, 621 E. Cleveland, City Attorney, acknowledged that he had been sworn in. He reported that a meeting had been conducted on May 10, 2006 which involved some of those in objection on this matter, Canyon County representatives including Rick Bugatsch, Brian Billingsley and himself. He reported that several of the design concepts were discussed and agreed upon at the conclusion of the meeting. Rick Bugatsch, 1307 North 39th Street, Nampa, acknowledged that he had been sworn in. He presented color elevation drawings entitled “Canyon County Crime Lab Addition” which Mayor Nancolas labeled as CC-1005 and a site plan which was labeled as CC-1006. Mr. Bugatsch noted that there would be an addition of two landscape islands between the Crime Lab’s three garage doors. He also noted that in the future there is a desire to close 11th Avenue from Albany to Chicago for the purpose of developing a court house complex. Mr. Bugatsch stated that in further discussion with the County after the negotiation meeting, it was determined by the prosecuting attorney that fencing is necessary around the back perimeter of the parcel. The preferred material could be either chain link or block. He noted that rendering #4 of Exhibit CC-1005 will be altered to include brick wainscoting with metal siding for the remainder of the building or a complete stucco facade. He noted that the unseen rear portion of the building would be metal siding. BOOK 47 Page 84 Bob Carpenter, 1102 Grant, stated that he was in agreement with stucco facade around the entire building. He stated that if items needed to be stored at the facility, the building should be expanded or kept offsite, thus eliminating the need for a fence. In rebuttal, Mr. Bugatsch reiterated the need for security to the rear of the building and indicated that a stucco façade in exchange for a block fence is a fair trade. In response to comments from Councilman Callsen, he stated that the design could include a darker color on the bottom of the building with a lighter color and accent band on top. In response to questions from Mayor Nancolas, he clarified that rendering #4 of Exhibit CC-1005 was the elevation most representative of the final design assuming that the brick wainscoting would be replaced with a stucco finish. MOVED by Dakan, SECONDED by Hopper to close the public testimony portion of this 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 FOR SUP-261-06: Mayor Nancolas presented the Evidence List: sign up sheets, staff report, original site plan, CC-1000 (Special Use Permit Procedures), CC-1001 (example of architecture from Houston-Busatsch Architects), CC-1002 (Canyon County Crime Lab disk), CC-1003 (packet of photos presented by Commissioner Beebe), CC-1004 (packet of photos presented by Scott Spears), CC-1005 (packet of elevations – Canyon County Crime Lab Addition – presented by Rick Bugatsch), and CC-1006 (revised site plan presented by Rick Bugatsch). MOVED by Blacker, SECONDED by Hopper to accept 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 FINDINGS OF FACT ON CASE NO. SUP-261-06: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony, the evidence list, and the fact that there is still some discrepancy between the plan that was worked out between the citizen committee and what Canyon County is asking for final determination noting that the differences must be resolved. 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 ON CASE NO. SUP-261-06: 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. 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 ORDER OF DECISION ON CASE NO. SUP-261-06: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUP-261-06, a request by Canyon County for a special use permit to expand the existing crime lab building is approved with the following conditions: 1) The building would be designed as described in CC-1005 (page 4 - building to be entirely of stucco finish (not steel) on all four walls and to include accent color trim - two-tone color along the entire building, beige garage doors, awnings as specified, and an updating of the existing structure on the corner of Belmont and 11th Avenue), 2) Include a concrete block, smooth-faced fence (chain-link fencing not permitted), 3) The composition and appearance of the crime lab to be congruent with the other Canyon County and government buildings in this area as noted in Condition 8.6 of the staff report, and 4) Approve the landscaping as planned including the additional island cutouts. 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 close this 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 NEW BUSINESS (PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ANN-112-06 AND SUB-139P-06, REQUEST BY WRG DESIGN, INC. FOR ANNEXATION OF APPROXIMATELY 98.26 ACRES AS R-1 (SINGLE- FAMILY RESIDENTIAL) ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT AND PRELIMINARY PLAT APPROVAL OF CEDAR CROSSING SUBDIVISION WITH 302 RESIDENTIAL LOTS AND 54 COMMON LOTS WITHIN A 5-PHASE DEVELOPMENT) BOOK 47 Page 85 Mayor Nancolas explained the public hearing process. Those signed up to speak at any of the public hearings tonight were asked to stand and be sworn in by the Deputy City Clerk. Mayor Nancolas declared this public haring open. Councilman Hopper excused himself from participating in this public hearing based on the appearance of a conflict of interest. Brian Billingsley, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report. Mayor Nancolas clarified that the sidewalk is only in the right-of-way for purposes of public use. Mr. Billingsley stated that Section 10-07-08(2) of the City Code references the placement of sidewalk and landscape buffers in regards to the right-of-way. Ashley Ford, 453 S. Fitness Place, Eagle, acknowledged being sworn in and testified in favor of the application. Ms. Ford presented a 8 ½” x 11” color lot plan drawing and two large display maps which Mayor Nancolas labeled at CC- 1000, CC-1001, and CC-1002. She noted that the detached sidewalks would enhance the streetscape along Florida Avenue and that Ada County allows for detached sidewalks within the right-of-way by using a license agreement. She expressed concern regarding Item 12.23 within the staff report and requested it be removed. She asked that Item 1(c) under Traffic Mitigation be modified since the applicant does not own the intersection corner at Hwy. 55 and Florida Avenue. In response to questions from Mayor Nancolas, Mark Hilty stated that he was not familiar with license agreements concerning detached sidewalks; however, a condition could be included stating that the sidewalk shall meet all applicable code requirements regarding location and width. Brent Orton, 621 Cleveland Blvd, reviewed the signal mitigation process as outlined by the City and ITD policies. Kelly Miller, the applicant at 18462 Sand Hollow Road, acknowledged being sworn in and testified in favor of the application. He raised concerns regarding Condition 12.32 of the staff report, since it would hold up lot sales based on signalization requirements at the Karcher/Florida intersection. He requested that the condition be modified or removed from the staff report. Brent Orton addressed options of a signalization agreement being constructed thus tying the requirement to a later final phase approval. Jason Orth, P.O. Box 489, Middleton signed in support of the application, but chose not to speak. Debra Overton, 15892 S. Florida, acknowledged being sworn in and spoke in opposition to the application. Ms. Overton stated her concerns regarding traffic congestion/signalization on Karcher Road, the lack of communication between the developer and the neighbors concerning future plans, right-of-way sidewalk improvements on her property, pathway fencing to protect her property, and city services to the site. Ms. Overton presented a document outlining her concerns, which Mayor Nancolas labeled as CC-1003. Scott Spencer, 15892 S. Florida, acknowledged being sworn in and spoke in opposition to the application. Mr. Spencer expressed his concerns regarding the density requirements as determined at the Cirrus Pointe public hearing in relation to the proposed development, right-of-way improvements on his property, protection of his well water, continuation of irrigation rights, and pathway fencing along the Phyllis Canal. He stated that the traffic congestion should be immediately addressed with signalization requirements. In rebuttal, Mr. Miller addressed concerns expressed by Ms. Overton and Mr. Spencer, noting that the development is in agreement with the City’s Comprehensive Plan. He reported that the individual who is currently farming the parcel would continue to maintain the weeds until the parcel is developed. He stated that they would be willing to stub pressurized irrigation to Mr. Spencer’s parcel if he desires it. All improvements in front of the out parcel would be paid for to include a straight sidewalk. Mr. Miller concurred that they were willing to provide the required pathway fencing. Councilman Blacker suggested that the applicant keep communication lines open with the area residents concerning future development plans. Mr. Miller stated that he is willing to discuss future concerns with the neighbors. Discussion followed among Council members concerning the signalization requirements as stipulated by ITD and City Engineering standards. Councilman Oates suggested that Item 12.32 be revised to read, “The intersection of Karcher and Florida shall be signalized within two years of preliminary plat approval or no additional lots shall be sold.” He noted that this would allow the applicant a two-year window to complete the signalization and the opportunity to sell lots within that time period. MOVED by Blacker, SECONDED by Oates to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED EVIDENCE LIST FOR ANN-112-06 & SUB-139P-06: BOOK 47 Page 86 Mayor Nancolas presented the Evidence List: sign up sheets, staff report, preliminary plat, CC-1000 (small Cedar Crossing plat map), CC-1001 (large Cedar Crossing plat map), CC-1002 (open space plan), and CC-1003 (document from Deborah Overton). MOVED by Oates, SECONDED by Callsen to accept the Evidence List as presented. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR ANN-112-06: MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN-112-06: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony, and the evidence list. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN-112-06: MOVED by Blacker, 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: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN-112-06: MOVED by Blacker, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN-112-06, a request by Teleos Partners, LLC to annex 98.28 acres of land into the City of Caldwell with R-1 (Single-Family Residential) zoning, to include a development agreement spelling out the terms and arrangements of the rezone, and also to include a Comprehensive Plan Map amendment designating the property for low-density residential use is hereby approved. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB-139P-06: MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-139P-06: MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony, the evidence list, and the fact that the applicant is willing to pay for and work with the homeowner of the out parcel concerning fencing along the southeastern and the northern property lines between their property and the Phyllis Canal, the applicant will construct the sidewalk and improvements along the out parcel frontage based on the willingness of the homeowner, the applicant will pay their far share of the improvements at the Florida/Karcher intersection, and Condition 12.36 which reads, “Sidewalks are permitted in roadside landscape buffers.” should be reworded to read “The location and width of sidewalks/buffers will comply with City Code.” Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-139P-06: 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, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB-139P-06: BOOK 47 Page 87 MOVED by Blacker, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB-139P-06, a request by Teleos Partners, LLC and Richard Shaffer for preliminary plat approval of Cedar Crossing Subdivision which will consist of 302 residential lots and 54 common lots is hereby approved with the following conditions: 1) Item 12.36 be revised to read: “The location and width of sidewalks/buffers will comply with City Code.”, and 2) Item 12.32 be revised to read, “The intersection of Karcher and Florida shall be signalized within two years of preliminary plat approval or no additional lots shall be sold.” Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOVED by Oates, SECONDED by Blacker to close this public hearing. Those voting yes: Unanimous. MOTION CARRIED (PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ANN-114-06 AND SUB-141P-06, REQUEST BY GARY A. LEE FOR ANNEXATION OF APPROXIMATELY 180.04 ACRES AS R-1 [SINGLE-FAMILY RESIDENTIAL] ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT AND PRELIMINARY PLAT APPROVAL OF SIENNA HILLS SUBDIVISION [FORMERLY KNOWN AS TUSCAN RIDGE SUBDIVISION] WITH 545 RESIDENTIAL LOTS AND 60 COMMON LOTS) The Mayor declared the public hearing open. Brian Billingsley, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report. Daren Fluke, applicant’s representative of J.U.B. Engineers at 250 S. Beechwood, Boise, acknowledged being sworn in and spoke in favor of the application. Mr. Fluke presented the preliminary plat which Mayor Nancolas labeled as CC-1000, a large color map as CC-1001, a street design drawing as CC-1002, building product types as CC-1003, and a document from Mason & Stanfield regarding the out parcels as CC-1004. Pepper Roberson, 16658 Zaragosa Way, acknowledged being sworn in and asked the status of the unopened Georgia Street right-of-way proposed as Palmas Street. Brent Orton explained that the staff report references a roadway going through at that location. Ms. Roberson asked if her fence would be moved if the roadway is developed. Mayor Nancolas explained that the roadway would be improved for two lanes of traffic; however, because that portion of property is located within in the County Highway District, it would be under their jurisdiction. Samuel Roberson, 16658 Zaragosa Way, acknowledged being sworn in and stated that he had recently purchased a home in the Milagro Subdivision. He expressed his concern with the impact on local schools if the subdivision is approved. Chuck Stadick, 15294 S. Indiana Avenue, acknowledged being sworn and expressed his concern regarding traffic congestion and signalization on Indiana & Karcher Road. He asked if some of the buffer areas or the larger lots could be placed behind their homes to protect the interest of the existing homeowners. Bill Tutalak, 13641 Crisholm Road, acknowledged being sworn in and asked why the amount of acreage, 213 acres, from the first notice is different than the current notice of 180 acres. He also expressed his concern regarding the traffic congestion along Orchard, Indiana, Florida and Karcher Road. Brian Billingsley stated that the preliminary plat covers 217 acres of land. The northern 37 acres of this subdivision has already been annexed into the City limits under the Cirrus Pointe Annexation, therefore, the current annexation application only addresses 180 acres of land as indicated within the staff report. Linda Dobbs, 14498 Indiana Avenue, Nampa, acknowledged being sworn in and expressed her concerns with traffic safety along Karcher Road. Scott Spenser, 15892 S. Florida, signed up in opposition to the development but was not present to testify. Debra Shultz, 15238 S. Indiana, Caldwell, acknowledged being sworn in and expressed her concern regarding the two-story homes negating the view for the owners of existing homes. She stated that there have been numerous accidents at the Orchard and Indiana intersection and asked if a four-way stop sign would be exchanged for the existing two-way stop. In rebuttal, Mr. Fluke addressed concerns regarding right-of-way improvements, public services, views and compatibility with the surrounding elements, and traffic. He requested that the Council consider holding up future final phases of the project; rather than not being able to sell any additional lots as stated in Condition 12.32. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of this 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 EVIDENCE LIST FOR ANN-114-06 & SUB-141P-06: BOOK 47 Page 88 Mayor Nancolas presented the Evidence List: sign up sheets, staff report, sign-up sheets, preliminary plat, CC-1000 (Sienna Hills preliminary plat), CC-1001 (Sienna Hills large map), CC-1002 (road section), CC-1003 (list of preferred builders and examples of homes), and CC-1004 (Mason & Stanfield document). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. 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 COMPREHENSIVE PLAN ANALYSIS FOR ANN-114-06: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented 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 ON CASE NO. ANN-114-06: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony, the evidence list, and the fact that Council acknowledges the developer’s efforts to mitigate many of the issues raised in testimony. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ANN-114-06: 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, Wells, and Blacker, Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN-114-06: 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. ANN-114-06, a request by Howell Murdoch Corporation to annex approximately 180 acres of land into the City of Caldwell with R-1 (Single-Family Residential) zoning, to include a development agreement spelling out the terms and arrangements of the rezone, and also to include a Comprehensive Plan Map Amendment designating the property for low-density residential use is hereby approved. 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 COMPREHENSIVE PLAN ANALYSIS FOR SUB-141P-06: MOVED by Hopper, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report under Item IV. 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 ON CASE NO. SUB-141P-06: MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony, the evidence list, and the fact that Council acknowledges the developer’s efforts to mitigate many of the issues raised in 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 CONCLUSIONS OF LAW ON CASE NO. SUB-141-06: MOVED by Oates, SECONDED by Hopper 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, Wells, and Blacker. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB-141P-06: 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-141P-06, a request by Howell Murdoch Corporation for preliminary plat BOOK 47 Page 89 approval of Sienna Hills Subdivision (formerly known as Tuscan Ridge Subdivision), which will consist of 545 residential lots and sixty (60) common lots, is hereby approved with the aforementioned conditions outlined in the staff report and the following conditions: 1) The applicant will meet the signalization requirements within two years of the date of preliminary plat approval, and 2) The cross section of Cirrus Drive be compliant with City Code or determine the need for a variance. 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 Hopper, SECONDED by Oates to close this public hearing. Those voting yes: Unanimous. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $914,882.13 for the period ended May 11, 2006 and a net payroll in the amount of $210,400.52 for the pay period ended April 29, 2006. MOVED by Wells, SECONDED by Callsen that accounts payable in the amount of $914,882.13 represented by check numbers 35103 through 35317 and the total payroll in the amount of $210,400.52 represented by check numbers 9966 through 10035 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) None. (MAYOR’S COMMENTS) Mayor Nancolas reported that he will be leaving on May 21st to attend the Family, Youth and Education Summit in Washington, D.C. The first budget hearing for the 2007 fiscal budget will be May 25th at 6:00 p.m. A ribbon cutting will be held at 4:00 p.m. on May 25th for the Wine Commission. He reported that all Council members are invited to attend the Valley Regional Transit Workshop on May 25th from 8:00 a.m. – 1:00 p.m. at Albertson College of Idaho. On May 26th at 4:00 p.m. is the Caldwell High School graduation and the Vallivue High School graduation is at 7:00 p.m. City Hall will be closed on Memorial Day, May 29th. The Mayor reported that he will be attending the Thomas Jefferson Charter School presentation on May 30th where students will be giving their final report on the city they have constructed within their classrooms. He noted that Councilman Oates and Dakan will also be attending. The AIC Conference is to be held in Lewiston on June 13-17, 2006. He noted that registrations are needed as soon as possible. Primary elections will be held on May 23rd. The Mayor presented the request for authorization to hire two new police officers. The new personnel would begin around the first of October. He noted that with additional personnel, more resources would be given to the Street Crimes Task Force. MOVED by Blacker, SECONDED by Hopper to authorize the process of hiring two new police officers. Those voting yes: Unanimous. (EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE 67-2345 FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session pursuant to Idaho Code 67-2345 to discuss land acquisition. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: none. MOVED by Oates, SECONDED by Blacker to reconvene into the Regular City Council Meeting. BOOK 47 Page 90 Roll call vote.Those voting yes:Oates,Hopper,Callsen,Dakan,Wells,and Blacker.Those voting no:none.Absent and/or not voting:none. (CONSIDER RESOLUTION NO.66-06 TO APPROVE THE REAL ESTATE PURCHASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND LEMRICK PROPERTIES,LLC.) MOVED by Hopper,SECONDED by Oates to adopt the resolution as presented. Roll call vote.Those voting yes:Hopper,Callsen,Dakan,Wells,Blacker,and Oates.Those voting no:none.Absent and/or not voting:none. (ADJOURNMENT) MOVED by Hopper,SECONDED by Oates to adjourn at II :50 p.m.I Those voting yes:unanimous. MOTION CARRIED APPROVED AS _----"w"'ri"'lt"'en"-_TH IS 5th ATTEST: DAY OF_-,-,JUNE",-",,-_~,2006. I I