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HomeMy WebLinkAbout2022-09-01 City Council MinutesBOOK 63 PAGE 182 CALDWELL CITY COUNCIL REGULAR MEETING September 1, 2022 6:00 p.m. Mayor Wagoner opened the meeting at 6:00 p.m. and welcomed those in attendance. Pastor Mark Flaherty of the Deer Flat Church provided the invocation. Mayor Wagoner led the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Allgood, Williams, Doty, Stadick, Register (via Zoom) and McGee. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. AUDIENCE PARTICIPATION Tom English of Sienna Hills Subdivision expressed his concern with the ongoing about growth in the Vallivue School District and the inability to pass a tax bond by the voters. He noted that a building moratorium could be implemented by City Council. He emphasized that the decisions of the City Council effect the long-term goals and outcomes of the Vallivue School District. Joey Palmer of the Vallivue School District read a statement into the record regarding donations to the school district by developers: "On behalf of the Vallivue School District, I would like to share that tonight's agenda has two developers scheduled for a quasi-judicial hearing that would impact the Vallivue School District. Both developers have agreed to donate funds to the Vallivue School District in order to assist in mitigating the needs that growth is having on our schools. However, 1 must be very clear; when Vallivue reports to the city council that a developer has agreed 10 a donation, it should not be interpreted as an endorsement from the school district. In fact, Vallivue 's preference is that all approvals would cease until a bond has passed. However, Vallivue understands the reality that developers will be approved or denied despite Vallivue's input. With this in mind, if the city council decides to approve a subdivision, we want to be able to at least collect donations when developers are willing to give. Because the truth is, Vallivue is caught in the middle between city councils approving new developments and a state law that does not include school districts as impact fee recipients. Vallivue School District understands that these donations will not solve our problems. However, we would prefer to at least try and receive funds from developers when they are willing donate, so that the cost is not purely on property owners. If Vallivue constituents agree that developers should pay impact fees to the school district, we ask that you write your local representatives to change the law. ifVallivue constituents disagree with how much money the district receives and believes developers should pay more, again, call and write your local representatives. School districts and city councils do not have the power to mandate impact fees to schools " Mayor Wagoner commented that he recently met with a few legislators to discuss this issue and expressed his concern about the need for implementing school impact fees. CONSENT CALENDAR: 1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code 950-902 for all ordinances. 2. Approve the minutes of the Regularly Scheduled City Council meeting held on August 18, 2022; the Caldwell Hearing Examiner Special Meeting held on July 26, 2022; and the Golf Board Meeting held on June 22, 2022; 3. Approve the Order of Decision and Development Agreement for Annexation, Planned Unit Development and Preliminary Plat for Case No. ANN22-000002/PUD22-000002/SUB22-000006-Conner Crossing Subdivision; 4. Approve the Order of Decision (Denial) for Annexation, Comprehensive Plan Amendment Map Amendment and Special Use Permit Case No. Ann22-000005`CPM22-000002/SUP22000005-Karcher Village; 5. Approve the executed Development Agreement Modification CMP22-00000 rZON22-000001-Scanell Property Development (Approved by City Council on May, 16, 2022); 6. Approve request to accept the appeintment ef I-e-slie Va—s-Reek se she G-W&NA-11 Urb-min Renewal Ageney BOaFd 0 ; [REMOVED1 7. Approve request to accept the appointment of the Mayor's Youth Advisory Council Executive Committee for a term to expire May 31, 2023: Giselle Wade, Chair; Julissa Hernandez, Vice -Chair; Courtney Case, Secretary; Gladys Rangel, Historian; Eva Wade, Treasurer; and Noelia Rodriguez, Recruitment Officer; 8. Approve request for issuance of an Alcohol Beverage License (Liquor/Beer/Wine) to El Patron Event Center located at 5214 Cleveland Boulevard; BOOK 63 PAGE 183 9. Approve Resolution No. 296-22 ratifying the repairs made to the Polk Street Lift Station between January and April 2022 in the amount of $14,305.09; 10. Approve Resolution No. 297-22 moving the City's construction document review solution from City -owned servers to the Cloud (Software as a Services SaaS) and authorize the execution of a Software as a Services Agreement with Avolve in the amount of $44,808; 11. Approve Resolution No. 298-22 authorizing the execution of a Services Agreement with Crime Stoppers of Southwest Idaho in the amount of $7,014,00 effective October 1, 2022 September 30, 2023; 12. Approve Resolution No. 299-22 granting Idaho Power a permanent and perpetual easement across a portion of Lot 5 , Block 9 of the revised map of the City of Caldwell to install junction boxes and/or transformers allowing power to relocate underground; 13. Approve Resolution No. 300-22 authorizing the purchase of a front loader from Coastline Equipment in the amount of $90,118.00 for use by the Wastewater Treatment Plant; 14. Approve Resolution No. 301-22 authorizing the execution of a Utility Agreement with Idaho Power Company for utility relocation on Montana Avenue for pedestrian improvements as part of an active federal funded project; 15. Approve Resolution No. 302-22 authorizing the execution by the City Engineer of a Short Form Agreement and Design Services with Cushing Terrell to design alley improvement along Indian Creek near Kimball Avenue in the amount of $46,920.00; 16. Approve Resolution No. 303-22 authorizing the execution of a Local Professional Service Agreement with Idaho Transportation Department for the rebuild of the 411' Avenue Bridge of Indian Creek; 17. Approve Resolution No. 304-22 accepting an Easement from Capital Educators Credit Union for a sewer trunk line across a portion of their property for the purpose of construction, operation, and maintenance; 18. Approve Resolution No. 305-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from Challenger Development for the Topaz Ranch Subdivision, Phase 2; 19. Approve Resolution No. 306-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from R and R Homes, LLC for the Sweet Home Subdivision; 20. Approve Resolution No. 307-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from Whispering Pines for the Highlight Estates Subdivision; 21. Approve Resolution No. 308-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from Anderson & Wood Construction Co. for the Cedar Crossing Subdivision, No. 3; 22. Approve Resolution No. 309-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from Hayden Homes for the Shadow Glen Subdivision; Phase 1; 23. Approve Resolution No. 310-22 accepting the Dedication of Sewer, Water, Pressure Irrigation, Storm Drain, and Street Light Facilities from Challenger Development for the Peregrine Estates Subdivision; Phase 4; 24. Approve Resolution No. 311-22 accepting the Easement from Brookfield Holdings (Hayden 11), LLC across a portion of their property for the purpose of Domestic Water, Sanitary Sewer, and Pressure Irrigation for future development; 25. Approve Resolution No. 312-22 authorizing the execution of Supplemental No. 3 to the existing Local Professional Services Agreement with Six Mile Engineering for the Ustick Road Intersection Design at Indiana, Florida and Lake Avenue Roundabout Project in an amount not -to -exceed $6,800.00. 26. Approve Resolution No. 313-22 authorizing changes to the City of Caldwell Employee Handbook, Section 1X Employment Discipline, Sub -Section C. Opportunity to Be Heard — Name -Clearing Hearing. [MOVED TO NEW BUSINESS 13AI MOVED by Doty, seconded by Stadick to remove Consent Calendar Item #6 and move Item #26 to New Business as Item # 13A for further discussion. MOTION CARRIED MOVED by Allgood, SECONDED by McGee to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Allgood, Doty, Stadick, Register, McGee, and Williams. Those voting no: none. Absent and/or not voting: none MOTION CARRIED OLD BUSINESS (ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 20-1002, TO CONSIDER ACCEPTANCE OF THE BUDGET AMENDMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022) Rachelle Castleberry, Interim Finance Director at 411 Blaine Street, provided the staff report outlining the contents of the ordinance. The Mayor noted that no one signed in to speak at the public hearing MOVED by Allgood, SECONDED by Callsen to close the public hearing. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO.56 (ORDINANCE NO.3450) AMENDING ORDINANCE NO.3367 (BILL 48) FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY) The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, AMENDING ORDINANCE NO.3367 (Bill 48), THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BOOK 63 PAGE 184 AND.`OR EXPENDED BY THE CITY OF CALDWELL, IDAHO, IN THE SUM OF $13,769,037 AND PROVIDING AN EFFECTIVE DATE. MOVED by Allgood, SECONDED by McGee to sponsor Bill No. 56 (Ordinance No. 3450) and move for its passage by title only. Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ACTION ITEM: CONSIDER RESOLUTION NO, 314-22 ADOPTING A SCHEDULE OF FY-2023 FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS SPECIFIED BY THE CALDWELL CITY CODE FOR THE CALDWELL EVENT CENTER, CANYON HILL CEMETERY, CITY CLERK DEPARTMENT, CALDWELL FIRE DEPARTMENT, GOLF DEPARTMENT, CALDWELL LIBRARY, PLANNING & ZONING DEPARTMENT, CALDWELL POLICE DEPARTMENT, AND THE PARKS & RECREATION DEPARTMENT) MOVED by Allgood, SECONDED by McGee to approve Resolution No. 314-22 as printed. Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS ACTION ITEM: CONSIDER RECOMMENDATION FROM MAYOR WAGONER FOR THE APPOINTMENT OF THE CITY OF CALDWELL TREASURER WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2022 THROUGH JANUARY 2025. Mayor Wagoner presented the name of Rachelle Castleberry for appointment as the Treasurer for the City of Caldwell with an effective date of September 1, 2022 through January 2025. MOVED by Allgood, SECONDED by Doty to accept the appointment of Rachelle Castleberry as the Treasurer effective September I, 2022 through January 2025. Roll call vote: Those voting yes: Allgood, Doty, McGee, Williams, Stadick and Register. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ACTION ITEM: CONDUCT THE OATH OF OFFICE FOR THE APPOINTMENT OF THE CITY OF CALDWELL TREASURER) Mayor Wagoner conducted the Oath of Office for Rachelle Castleberry as the Treasurer for the City of Caldwell. (ACTION ITEM: ACCEPT THE NOTICE OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 15, 2022 TO CONSIDER AN INCREASE OF FEES OVER 5% OF THAT PREVIOUSLY CHARGED FOR THE AIRPORT, ENGINEERING, AND BUILDING DEPARTMENT) MOVED by Williams, SECONDED by Allgood to accept the notice for consideration of fees over 5% of that previously charged for the Airport, Engineering, and Building Department and set the public hearing date for September 15, 2022. MOTION CARRIED (ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIALI: CASE NO. ANN22-0000007/PUD22- 000004/SUB22-000014-THE CHARLES: A REQUEST BY TRIPLE DOT DEVELOPMENT TO ANNEX 116.57 ACRES WITH BOTH A R2 IMEDIUM DENSITY RESIDENTIAL[ AND HC [HIGHWAY CORRIDORI ZONING DESIGNATIONS. CONCURRENTLY, THE APPLICANT IS REQUESTING A PRELIMINARY PLAT WITH A PUD, PLANNED UNIT DEVELOPMENT, FOR THE CHARGES AT KARCHER. THE DEVELOPMENT WILL CONSIST OF 192 TOTAL LOTS WITH 143 SINGLE- FAMILY, 5 MULTI -FAMILY, AND 15 COMMERCIAL LOTS, WHICH WILL BE COMPLETED IN EIGHT 181 PHASES. THE SUBJECT PROPERTY IS ADJACENT TO 15979 LAKE AVENUE, PARCEL NUMBERS R3282300000, R3273600000, AND R3273500000, CALDWELL, IDAHO) Alex Jones, Associate Planner at 621 Cleveland Boulevard, proceeded to outline the contents of the staff report by providing a visual exhibit and Summary Staff Report document. He noted that the development would be zoned as HC (Highway Corridor) and would take approximately six years/eight phases for completion. The plan includes a proposed 1.5 acre lot for a joint fire station in partnership with the Nampa Fire Department. Qualifying open space is 10.3% and includes dedicated land for the Cougar Pathway system, which is located along the parcel's western boundary. Amenities: A central community park with amphitheater, club houses, outdoor lounging area, playgrounds and a dog park. Mr. Jones continued by reporting that the applicant is asking for deviations from the zoning standards: 1) Decrease the size of lots for a patio homes (15 ft. setback vs. 20 ft.); 2) Townhomes with zero side setbacks; 3) Minimum lot width of 40 ft. vs. 45 ft. for patio homes and 20 ft. for townhomes (additional parking standards have been met); 4) BOOK 63 PAGE 185 Patio homes would have 5,000 sq. ft. lots and 1,660 sq. ft. for townhomes; and 5) Increase the townhome height from 35 ft. to 45 ft. In response to questions from Mayor Wagoner, Mr. Jones clarified that the applicant is proposing to dedicate the land and construct the Cougar Pathway. Councilor Stadick questioned if a buffer would be provided between the townhomes and backyards of existing residences abutting the site. Mr. Jones reported that the townhomes would be looking down into a common courtyard rather than existing residential backyards. In response to questions from Councilor Allgood, Mr. Jones confirmed that the development will be located on the south side of Karcher Road. Becky Yzaguirre, Applicant at 4818 W. Camas, Boise and Jamie Snyder, Architect at 2471 S Titanium, Meridian, spoke in favor of the request. They provided a PowerPoint presentation outlining the mixed use/multi-modal development. The zoning classification of R-2 (Medium Density Residential) and HC (Highway Corridor) allows for residential and retail opportunities within the development. There are nine phases within the development. Ms. Yzaguirre outlined the activity planned within each phase. The applicant is working with ITD to construct all necessary improvements along Karcher Road. Commercial plans include a hotel (4-story structure with 193 units), a fire station, five commercial units and a portion of the Cougar Pathway. The townhomes will have two or more floors. Open space allows for community activities for the residents with two pickleball courts. The development will appeal to a mixture of incomes and ages with the housing types. Commercial and recreational amenities will allow residents to live.-work/play and remain local for retail needs. The development will reduce automobile trips and roadway congestion. Triple Dot Development has contacted the Vallivue School District and agreed upon a donation of $82,500. The two largest phases will contain more studio. -single -bedroom units, which typically do not include children. These units will have less of an impact on the school district. Triple Dot understands the need regarding school growth. In response to questions by Mayor Wagoner, Ms. Yzaguirre confirmed that the pictorial presentation depict the open space amenities that the developer has planned. She noted that the open space amenities would be outlined within the development agreement and the staff report. The applicant is willing to work with staff to document such features. In response to questions from Councilor Stadick, Ms. Yzaguirre reported that the project will begin after ITD completes roadway improvements along Karcher Road. The plat will require one phase per year to be constructed. Phase I will start along Moss Lane in order to work in conjunction with ITD. Councilor Stadick expressed his concern with the implication that the development would reduce traffic. Ms. Yzaguirre emphasized that a big -box grocer, retail and dining options on site would accommodate residents and thus reduce travel off -site for such needs. Councilor Stadick noted that residents would still be traveling along Karcher Road to commute to their workplace. Ms. Yzaguirre reported on the developer's desire to work with the Vallivue School District. She referred to the letter within the staff report from Triple Dot to the Vallivue School District regarding the donation of $82,500. Mr. Orton, Public Works Director, reported that the Sewer Master Plan would support the development's build out plan. Councilor Williams complimented the applicant on the design of the development. He stated his support for the joint fire station concept at the site and the development working with the Vallivue School District. He stated his concern with the continual growth and the strain on schools with the recent denial of the school bond. He suggested the possibility of a two -acre donation, which would allow for a police sub -station to be constructed at the site. He questioned the phasing order. Ms. Yzaguirre confirmed that the phasing order may be adjusted as necessary. She noted that the phasing plan is proposed but not locked in. Councilor Williams expressed concerning with the lack of water features within the development and asked if there electric charging stations included in the plan. Ms. Snyder responded that water features could be considered within the open space. There are electric stations planned within the development. Kelly Perryman, 917 S. Allante, Boise, signed in favor of the request but did not provide testimony. Tanner Leighton, Developer at 523 W Chrisfield Dr., Boise signed in favor of the request. He reported that the project had a lot of input from the previous Planning & Zoning Director, Jerome Mapp. He confirmed that the renderings presented tonight are planned for the development. He indicated that they are open to a design review process and would like to start construction in 2023. The sewer trunk line will be brought to the site in accordance to the City's Sewer Master Plan. They are working with ITD to make sure timing will minimize road construction issues. The phasing plan is able to be amended. The donated acreage could possibly be expanded to two acres to BOOK 63 PAGE 186 accommodate a Nampa/Caldwell Fire Station and Caldwell Police Department substation, if needed. Electric vehicle charging stations are included within the development. He stated his appreciation to the landowner for the opportunity to present the proposed developer. He recommended approval of the request. Councilor Allgood expressed concern that part of this large development could be passed off to another develop in the future and the plan could change. The development agreement states that the original plan be completed as presented tonight. Mr. Layton confirmed that the development agreement outlines the fact that the original plan would remain with the development, which was required by the Hearing Examiner. Brady Hansen, 2876 North Christian Way, Meridian, signed in favor of the request but did not provide testimony. Max Birch, 332 North Broadmore, Nampa, signed in favor of the request but did not provide testimony. Brooke Rhodes, 5782 W Algona Drive, Meridian, signed in favor of the request but did not provide testimony. Zane Cradic, Applicant's Engineer at 332 N Broadmore, Nampa, signed in favor of the request. He addressed prior questions concerning the phasing plan, noting that the sewer starts in the northern portion of the development. He explained that before a big -box grocer can be accommodated, Karcher Road must be widened and sewer must be brought to the site. There are no other constraints for changing the phasing. The applicant has been working with ITD regarding roadway improvements. He noted that the request for reduced lot width for the single-family patio homes corresponds with 30-ft. wide units, not typical 35-ft. wide units. The product would fit better with reduced setbacks. In response to questions from Councilor McGee, Mr. Cradic confirmed that the construction plan for the development aligns with the ITD road improvement schedule. In response to questions from Councilor Stadick, Mr. Leighton reported that the single-family patio homes would range from the upper $300,000 to the low S400,000 and the townhomes would be in the lower $300,000 range. Councilor Stadick emphasized the need for the developer to stay true to the plan which has been presented. Mr. Leighton noted that conditions outlined within the development agreement would be followed. In response to questions from the Mayor, Mr. Cradic reported there are 116 acres total with 29.4 acres within the R- 2 zone and approximately 85 acres within the Highway Corridor zone. In response to questions from Councilor Allgood, Mr. Cradic reported that they are working with ITD regarding the one access point (right-in/right-out) along Karcher Road on the north side. All other access points are off Lake Avenue. Councilor Register reported that if the annexation request were approved, law enforcement dispatch would be responded to by Caldwell Police Department. Do we have adequate police coverage to accommodate this development? Chief Ingram of the Caldwell Police Department reported that the subdivision would require additional police officers because its distance from the downtown CPD facility. A substation constructed at the site would be ideal; however, it would require an increase of staff to accommodate the need. Mr. Hilty stated that a development agreement must be in place before an annexation vote is taken. He recommended that the public hearing be continued to a later meeting date when a development agreement is part of the agenda packet. Tyler Anderson, 4309 Newbridge Street, signed as neutral to the request. He noted that he is in favor of the commercial aspects of the development. He expressed concern that the plan does not provide a clear path for how the schools will handle the additional students. In response to questions from Councilor Register, Mr. Palmer from Vallivue School District noted that it is possible to have conversations with local developers and see if they are willing to provide donations to the Vallivue School District thereby addressing the school overcrowding issues. Such donations assist with the tax burden not falling completely upon the property owners. Overcrowding is prevalent in all of the elementary schools. If bonds continue to fail, the overcrowding issues will be severe. If the bond had passed, two elementary schools were planned in the immediate area. This issue makes recruiting and retaining teachers difficult. Triple Dot Development reached out to donate to the Vallivue School District and they have encouraged other developers to do the same. He recommended voters to write their local representatives and ask for change by implementing impact fees for schools. Councilor Williams noted that it is important to recognize that this developer has taken the step to provide a donation to the Vallivue School District. Patricia Vice, 5215 1" Street, Crosby, Texas signed up as neutral to the request but did not join the public hearing via Zoom. The Mayor noted no one sighed up in opposition to the request. BOOK 63 PAGE 187 Discussion followed concerning requirements for approval of development agreement within a public hearing. Mr. Hilty noted that he would speak with staff from the Planning & Zoning Department about how to process such requests in the future. Having a signed development agreement is important prior to annexation approval. The Mayor noted that the development agreement was not included in the notice for the public hearing. He explained that public hearings have included approval of the annexationiplanned unit development/development agreement with potential changes to the conditions of approval being clarified within the public hearing process. Mr. Hilty concurred that a public hearing is required for approval of the development agreement. Mr. Leighton noted that the Hearing Examiner included conditions of approval within the development agreement. Discussion followed regarding the possibility of a condition of approval being added to the staff report concerning the development agreement being signed within 60-days of approval of the annexation request. In response to questions from Councilor Allgood, Mr. Leighton reported that the homes would have Caldwell addresses. EXHIBITS: Summary of the Staff Report document (CC-1000), Donation Agreement between the Triple Dot and the Vallivue School District (CC-1001), and the PowerPoint presentation by the developer (CC-1002). MOVED by Stadick, SECONDED by Allgood to close the public testimony portion of the hearing. MOTION CARRIED COMMENTS FROM COUNCIL MEMBERS CONCERNING THE REQUEST: Councilor Allgood expressed his opinion regarding having an executed development agreement prior to approval of the annexation. Mr. Hilty commented on the process of development agreements and noted that generally all elements should come together with the annexation, plat and the development agreement. Since the development agreement is not part of the package tonight, he recommended to the leave public testimony open for the development agreement public hearing at a future meeting. MOVED by Allgood, SECONDED by McGee to continue the public hearing to the Regularly Scheduled City Council Meeting to be held on October 6, 2022 at 6:00 p.m. MOTION CARRIED The Mayor reminded the Council Members that this is an active case and should not be discussed with each other or the public. He encouraged staff to move forward with the proper notification of the public hearing for the development agreement. (ACTION ITEM: CONSIDER BILL NO.31 JORDINANCE NO.34251 FOR CASE NO. ANN22-0000007 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) This item was continued by previous motion in conjunction with the public hearing for ANN22-0000007. (ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL: CASE NO. ANN22-000009/PUD22- 0000091SUP22-000011: A REQUEST FOR AN ANNEXATION OF PARCELS R3247901200 JAPPROXIMATELY 24.18 ACRES] AND R3247900000 ]APPROXIMATELY 15.98 ACRES] WITH A ZONING DESIGNATION OF R3 IHIGH DENSITY RESIDENTIAL]. CONCURRENTLY A REQUEST FOR A PLANNED UNIT DEVELOPMENT AND SPECIAL USE PERMIT FOR ALANTE HOMES; CONSISTING OF 153 PATIO HOMES AND 133 DUPLEXES AND FOR A TOTAL OF 419 RESIDENTIAL UNITS SUBJECT TO A DEVELOPMENT AGREEMENT. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 400' SOUTH OF WALMART AT 5108 CLEVELAND BLVD) Alex Jones, Associate Planner of 621 Cleveland Boulevard noted that the case number for this action item was incomplete on the agenda notice. The correct case number for New Business Item #6 should read "Case No. ANN22- 000000/PUD22-000009. SUB22-00001 I" He outlined the contents of the staff report noting that the request is for a designation of R-3 (High Density Residential), in accordance with the comprehensive plan. No rezone is needed. This is a three-phase development with a pathway along the Elijah Drain. A pickle ball court is being proposed. In response to questions from Councilor Williams concerning the difference between a special use permit and zoning variance, the Mayor explained that the Hearing Examiner recommended approval of a multi -family development and requirements for seeking a special use permit. Bonnie Layton, Applicant at 690 S Industry Way, Meridian, spoke in favor of the request and outlined the contents of a PowerPoint. She noted that the development would continue Laster Lane through the center of the site, which includes the crossing of the Elijah Drain. There are two outparcels that are not included in the project. All traffic will be routed to Laster Lane and go east and west from there, as indicated within the traffic impact study. BOOK 63 PAGE 188 The request is in compliance with the comp plan, which allows for high density developments (25 units per acre and up to 40 units per acre are allowed with a Planned Unit Development). The request is for ten (10) units per acre. The site plan will maximize the views of the Boise mountain range and includes accommodating the regional pathway system along the Elijah Drain. She noted that three of the five qualifying factors for the planned unit development have been met. The units range from 840 sq. ft. (one bedroom) to 2,000 sq. ft. (three bedrooms). The developer is working with the Vallivue School District to provide a donation. Contact has been made with Valley Regional Transit regarding a potential bus stop for the development. Improvements to Laster Lane will be constructed as approved by staff. Councilor Allgood questioned the lack of dedication of right-of-way within the development. Ms. Layton noted that the service drives will be owned and maintained by the developer. The only public roadway will be Laster Lane. In response to questions from Councilor Stadick regarding a landscape buffer, Ms. Layton reported that there would be a meandering path along the service road as approved by Pioneer Irrigation. David Borne of Peg Company at 185 North 200 West, Provo, Utah signed in favor pf the request and referenced the PowerPoint concerning their company. He noted that the apartments would be horizontal style. The residents will share one wall at most with each unit having their own backyard and front door at ground level. There will be smart home features and amenities throughout the development. The pricing tier consists of rental units ranging from $1,600 - $2,500 depending on the unit size. All units will be rented. The agreement with the Vallivue School District was for a donation of $500 per door, which is approximately $200,000. Tyler Phelps of Peg Company 185 North 200 West, Provo, Utah signed in favor of the request. He clarified that the units are not high-rise or mid -rise apartments. Improvements will be made to Laster Lane and the regional trail along the Elijah Drain will be a public amenity for the community. The donation to the school district will help mitigate growth with potentially assist with portable units. Construction crews will not have access through any of the existing residential neighborhoods. All access will be through Laster Lane. Improvements to Laster Lane will be completed first before the first home is constructed. Councilor Williams noted that it was noteworthy for the developer to donate funding for portable units to help alleviate some of the school crowding issues. Joe Lords of423 Eagle Road, Meridian, spoke in favor of the request. He noted the partnership with the Peg Company and Alante Homes for the project. Both companies are community minded. A local contractor will do the construction. The development provides affordable options in a difficult market to purchase homes. Alicia Reinhard of 453 Parkinson Street, signed in favor of the request but did not provide public testimony. Rowe Sanderson of 453 Parkinson Street, signed in favor of the request but do not provide public testimony. Brandi Hulme of 3017 Ray Avenue, signed in favor of the request but do not provide public testimony. Dan Hulme of 3017 Ray Avenue, signed in favor of the request but do not provide public testimony. Christine Howe of 5403 Hargrove Avenue, spoke in opposition to the request. She is a member of the Weston Point Homeowners Association, which is located adjacent to the project. The area currently surrounding the project is low and medium density. She stated her opposition to high -density rentals within the area. She expressed concern that the project will decrease home values in the area. She reported that three-story apartments are being constructed within an adjacent development (Lavender Homes). Mark Howe of 5403 Hargrove Avenue spoke in opposition to the request. He expressed concern with adding 400 plus homes to the area, traffic congestion with the addition of 400 plus cars, and the impact to police, schools and the local community. He noted the challenge to get kids to school because of overcrowding and the difficulty of hiring bus drivers to transport students. Tyler Anderson of4309 Newbridge Street spoke in opposition to the request. He concurred with previous testimony noting that two major developments will be coming into the area and their impact on schools and traffic. Clint Hamblin, 4301 Newbridge Street spoke in opposition to the request. He concurred with previous testimony in opposition to the request. He expressed concern with continued approval of housing projects but the lack of schools to accommodate the growth. How many mobile classrooms are we going to keep adding? He concluded with comments regarding traffic congestion. Christina Walker, 4419 Newbridge Street spoke in opposition to the request. She noted that there is confusion among residents regarding the two developments in close proximity of each other. She expressed concern with traffic feeding into her residential neighborhood, overcrowding of schools, and the incompatibility of the project with the surrounding area She requested that the Council Members protect the citizens of this community and consider the fall -out from their decisions. The Mayor clarified that this current project has no traffic plans to route through existing neighborhoods. Upon the request of the Mayor, Brent Orton (Public Works Director) briefly outlined the requirements and use of traffic impact fees. Maria Gomez, 5101 Ormsby Avenue, signed in opposition to the request but was not present to provide testimony. 104161 PAGE 189 Sara Teats, 4504 Lake Avenue, signed in opposition to the request but did not provide testimony. Cari Berrett, 4605 Glimany Court, signed in opposition to the request but did not provide testimony. In rebuttal, Mr. Borne reiterated that this development has no legal partnership or affiliation with the proposed development located south of the site. There are no three-story buildings being proposed at this site. The special use permit was sought for the purpose of not having seven to nine units together because typically that design includes upward building construction The plan is for low units to be consistent with the existing community. We are working with the neighbor to the south for access along the western edge of the property. In rebuttal, Ms. Layton clarified that the project that was referenced as three-story units to the south of the development has been denied. The developer is sensitive to the concerns of the neighbors; however, there is a serious lack of housing within the area and this development will provide a needed housing type. In response to questions from Councilor Stadick, Mr. Palmer noted that the local school has students attending kindergarten classes within portables. The new portable will take up current playground space. Other elementary schools in the area are overcrowded. Teachers will be teaching larger classes to compensate for the growth. MOVED by Stadick, SECONDED by Allgood to close the public testimony portion of the hearing. MOTION PASSED EXHIBITS: Staff report summary (CC-1000), emails from citizens as presented by staff (CC-1001), and a PowerPoint presentation by Bonnie Layton (CC-]002). COMMENTS FROM COUNCIL MEMBERS CONCERNING THE REQUEST: Councilor Allgood commented that when he was first employed at the Caldwell Police Department, there was a population of 23,000 people in Caldwell and now the population is roughly 70,000 persons. Caldwell is the fourteenth fastest growing community within the nation. The growth is happening so we need to manage it the best we can. There is a need to provide a variety of housing options for those coming to the community. It is not feasible to draw a line in the sand and tell others that they cannot come to live here. Councilor Williams expressed his support for the quality of this development. He noted that the master plan provides for the zoning request and this is not a zoning variance request. He noted that school overcrowding issues will continue due to the ongoing growth within the area. He expressed appreciation for the $200,000 donation to the Vallivue School District by the developer. He noted the need to work on new solutions through legislation. Trying to stop the movement is not the answer. Councilor Register stated her agreement with comments from Councilor Allgood; however, there is also a need to listen to the concerns from constitutes. In response to questions from Councilor McGee, Mr. Hilty stated noted the requirements for this matter are covered through an existing ordinance and; therefore, may eliminate the need for a development agreement. The only item not covered with the ordinance are the conceptual images/aesthetics. These factors could be addressed within a development agreement. The Mayor noted that the special use permit was approved by the Hearing Examiner and should have included the conditions of approval. Juli McCoy, Senior Planner, 621 Cleveland, stated that she was inclined to agree with Mr. Hilty that the typical conditions within a development agreement are already covered in the City Code, the Planning and ,Zoning Code, and the Special Use Permit. The elevations have not been addressed. Councilor Allgood clarified that the developer has stated that the units would not be multi -story and will share one common wall. Ms. McCoy stated that these factors are addressed within the platting details. Councilor McGee commented on the importance to base decisions on what is best for Caldwell. Sometimes the decisions become very difficult, especially when dealing with the school system. He noted that his daughter attends Vallivue Middle School and; therefore, his decisions are based on being a member of the community and not being pro -development or pro -developer. ORDER OF DECISION FOR CASE NO. ANN 22-000009/PUD22-000005/SU P22-000011 (ALANTE HOMES): Moved by McGee, SECONDED by Williams that based on the Findings of Fact and Conclusions of Law, the Mayor and City Council orders that Case Number ANN22-000009/PUD22-000005, request for annexation of 40.16 acres with a designation of R-3 (High Density Residential) for the purpose of a proposed Planned Unit Development (PUD) for Alante Homes containing 153 patio homes and 133 duplexes and for a total of 419 residential units on parcels R32479 & R324790120 is approved with the conditions of approval listed in Section 16 of the staff report. Roll call vote. Those voting yes: McGee, Allgood, and Williams. Those voting no: Doty, Stadick, and Register. The Mayor provided comments in support of the development including the high -density residential designation on the Comprehensive Plan Map for many years and was projected to follow that designation. There would not be any three-story units constructed at the site. The completion of Laster Lane will be a benefit. The donation by the BOOK 63 PAGE 190 developer to the Vallivue School District was based per door and not per building equaling a contribution of over $200,000. The Mayor cast his vote in favor of the request. The motion passed with a vote of 4 in favor and 3 in opposition. MOTION CARRIED MOVED by Allgood, SECOND by Stadick to close the public hearing. ACTION ITEM: CONSIDER BILL NO.32 (ORDINANCE NO.3426) FOR CASE NO. ANN22-0000009, ALANTE HOMES AT SPRING RUN, WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION. The Mayor read the Ordinance 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-3 (HIGH DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63-215. MOVED by Allgood, SECONDED by McGee to sponsor Bill No. 32 (Ordinance No. 3426) and move for its passage by title only. Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick, Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 57 [ORDINANCE NO. 34511 TO ANNEX MASON CREEK SUBDIVISION PHASE 4; BILL NO. 58 [ORDINANCE NO. 34521 TO ANNEX ARBOR SUBDIVISION PHASE 3; BILL NO. 59 [ORDINANCE NO.34531 TO ANNEX TOPAZ RANCH SUBDIVISION PHASE 2; BILL NO. 60 1RDINANCE NO. 34541 TO ANNEX PEREGRINE ESTATES SUBDIVISION PHASE 4; AND BILL NO. 61 [ORDINANCE NO. 34551 TO ANNEX CEDAR CDROSSING SUBDIVISION NO. 3, PHASE 2 INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR THEIR PASSAGE BY TITLE ONLY) Brent Orton provided a summary of the annexation process into the Caldwell Municipal Irrigation District. The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by McGee, SECONDED Allgood by to sponsor Bill No. 57 (Ordinance No. 3451), Bill No. 58 (Ordinance No. 3452), Bill No. 59 (Ordinance No. 3453), Bill No. 60 (Ordinance No. 3454), and Bill No. 61 (Ordinance No. 3455) and move for their passage by title only and let the minutes reflect that they were taken up individually. Roll call vote: Those voting yes: McGee, Allgood, Williams, Doty, Stadick, and Register. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO.62 [ORDINANCE NO.34561 TO AMEND CITY CODE CHAPTER 11, ARTICLE 04, SECTION 11-04-07 PERTAINING TO FINANCIAL GUARANTEES FOR CERTAIN IMPROVEMENTS REQUIRED DURING DEVELOPMENT, WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) Brent Orton provided background information regarding the requirement for financial guarantees for subdivision development improvements. The financial guarantee from the developer allows for the construction of homes. The ordinance would allow the developer to pull 80 percent (rather than the current 50 percent) of the building permits for the development under the financial guarantee process. It would also extend the time period for accessibility of the permits to 120 days rather than 90 days. In response to questions from Councilor McGee, Mr. Orton stated that staff is in support of these changes and believes this is a reasonable approach for the development community. The Mayor read the ordinance by title only: BOOK 63 PAGE 191 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 11, ARTICLE 4, SECTION 11-04-07 OF THE CALDWELL CITY CODE, CONCERNING FINANCIAL GUARANTEES FOR CERTAIN IMPROVEMENTS REQUIRED DURING DEVELOPMENT IN THE CITY OF CALDWELL; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 62 (Ordinance No. 3456) and move for its passage by title only. Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (APPROVE RESOLUTION NO. 313-22 AUTHORIZING CHANGES TO THE CITY OF CALDWELL EMPLOYEE HANDBOOK, SECTION IX EMPLOYMENT DISCIPLINE, SUB -SECTION C. OPPORTUNITY TO BE HEARD — NAME -CLEARING HEARING) Mr. Hilty provided information concerning the necessity of the name clearing hearing in association with recent conversations with ICRMP, the liability insurer for the City. The current policy is modeled from ICRMP's recommendation to the City of Caldwell. After research was conducted by the City Attorney's Office, it was noted that many cities within the State of Idaho have the same policy. There are elements in our policy that are not consistent with a constitutionally mandated name -clearing hearing. ICRMP is recommending that the policy not be altered; however, the proposed modifications are not significantly different from the existing policy. This is an employment -related matter that could result in a wrongful termination lawsuit or an allegation that due process was not followed. If that occurred, ICRMP would be required to provide the legal defense and the indemnification; therefore, legal counsel desires to be responsive to the concerns expressed by ICRMP. The resolution provided this evening gives clarification to the Employee Handbook concerning when the name - clearing hearing is applicable. The hearing is for employees who are terminated or demoted with a reduction in pay. It also only applies when the allegations against the employee involve dishonesty, immorality or criminal misconduct. Those are the things would effect a person's good name, accordingly to case law. An employee; thereby, has a chance to rebut these issues. This would occur within an executive session. The resolution eliminates the indication that this was a constitutionally protected right. These are minor changes with the majority of the policy remaining per the ICRMP policy template. The Name -Clearing Hearing process is for a one -hour period where the employee is allowed to present information to clear their name with the employer followed by City Council rendering a decision. In response to question from Councilor McGee, Mr. Hilty reported that the Name -Clearing Hearing process is rarely activated across the State of Idaho. Research was conducted by Tayler Yett of the City Attorney's Office and findings were found of two other jurisdictions that had conducted the Name -Clearing Hearings in accordance with the ICRMP policy. Councilor Stadick expressed his concern that Council Members were not allowed to ask questions of the employee nor was the employee allowed to provide testimony of witnesses. Mr. Hilty reported that the other two jurisdictions conducted the hearing process differently. One jurisdiction allowed testimony from the employee/witnesses and the other one did not allow any additional comments. Councilor Allgood questioned the necessity to conduct the Name -Clearing Hearing. He expressed concern with the denial of the employee to have their legal counsel and witnesses provide comments. Mr. Hilty explained the necessity to follow due process requirements allowing the government employee to protect his/her good name. ICRMP has provided guidance by outlining the steps for the name -clearing hearing process. He recommended that the employee be provided one hour to present the facts through a presentation, witnesses, etc. in order to afford them the opportunity to clear their name. He cautioned the allowance of Council Members to ask questions. The Name -Clearing Hearing was never intended to be a review if the termination decision was appropriate. The intent is merely to give the employee a forum to rebut the allegations that were made against them. Councilor Doty reported on his experience with the Idaho State Police concerning a pre -discipline hearing. Mr. Hilty clarified the difference between the two forums. The Name -Clearing Hearing transpires after a termination determination has been rendered by staff. In response to questions from Mayor Wagoner, Mr. Hilty confirmed that ICRMP's recommended policy provides availability of the name -clearing process to every employee who meets the qualifications as stated and requests the hearing. Chief Ingram provided historical information from his law enforcement experience concerning the name -clearing process. He reported the Los Angeles Police Department now follows a "Board of Rights" process allowing for hearings related to a demotion or a termination of a police officer. The employee has the right to cross-examine any witnesses and the department presents a case similar to a prosecuting attorney. Two law enforcement captains and a community member serve as judge/jury. The board renders a decision. Due process allows the employee and the employer to argue the case. MOVED by Stadick, SECONDED by Doty to approve Resolution No 313-22 as presented. BOOK 63 PAGE 192 Roll call vote: Those voting yes: Stadick, Register, McGee, Allgood, Williams, and Doty. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (ACTION ITEM: FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL) Councilor Williams reported that the Finance Committee has reviewed current accounts payable in the amount of $2,272,062.09 for the period ending August 24, 2022, and a net payroll of $471,704.27 for pay period ending August 13, 2022. MOVED by Williams, SECONDED by Doty that accounts payable in the amount of $2,272,062.09 represented by check numbers 164130 through 164520 and payroll in the amount of $471,704.27 represented by check numbers 37535 through 37556 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) a. Council President Allgood: Comments regarding the issuance of downtown narking permits. Councilor Allgood reported on a request from a developer looking to build a three-story building with twenty-two apartments. There is not sufficient parking for such a development. The developer requested that the City provide him 25 parking permits for City -owned parking lots, which would not be subject to tow or cited for 24`7 parking. He noted that other developers are also desirous of bringing mixed used developments (commercial. -residential) and are inquiring how many spaces the City is willing to provide through the use of 24/7 parking permits. Councilor Doty noted that such a practice is followed by other cities that have adequate parking available. He expressed his concern with the continued lack of parking in Downtown Caldwell and the fact that allowance was already provided to deChase Development for parking permits to supplement their parking needs for the new structure at T" & Main. Mayor Wagoner reported that he was in contact today with the developer for the proposed development at Kimball & Arthur. The developer reported that he is not requesting designated or reserved parking, but merely residential parking permits. He is looking to acquire 25 parking permits. Discussion followed with comments made about the majority of parking spaces only being available for residential purposes and not citizens coming to patronize local businesses. It was noted that the Arthur,Kimball location is an active location in the downtown area. It was recommended that continued discussions with the developer clarify that designated public parking permits would not be available for the entire request of 25 permits. The parking permits would only supplement the development in order to meet the City Code parking requirements. It was suggested that possibly 66% percent of the requested number of parking permits (66% of 25) be discussed with the developer. The Mayor noted that a City Council Workshop would be held on September 15, 2022 to further discuss downtown parking matters. 6. Councilor Williams: Unmitigated Irrigation Flooding Issues -- Spruce Street. Council Williams reported that he recently spoke with Mark Zirschky of Pioneer Irrigation regarding the unmitigated irrigation flooding issues from the homeowner along Spruce Avenue. Mr. Zirschky estimated that approximately 360 gallons of water per minute was going into the storm drain from this site. Mr. Hilty reported that the State Code addresses flooding water crossing a public street or sidewalk is a misdemeanor. The Mayor reported that the City Code also addresses this issue. Mr. Orton reported that the homeowner removed some bushes and in the process demolished the irrigation box, which was located on his property. The irrigation box did not belong to Pioneer Irrigation or the City of Caldwell, but rather a private irrigation box that belonged to a group of benefiting neighbors. Councilor Williams noted his concern that the individual purposely diverted the water into the public right-of- way. The problem has been transpiring for more than one year. He recommended putting a Local Improvement District (L.I.D.) program in place to assist with the removal of the flood irrigation system and transfer properties to pressurized irrigation. A date of possibly one year or 18 months from now, the City will move forward with a transfer to pressurized irrigation. Councilor Doty recommended the Chief Ingram assign an officer to visit the site to educate the homeowner regarding the violation of the Idaho Code and that the homeowner could be cited accordingly. Chief Ingram concurred with the recommendation. Councilor Williams reported that the properties along Montana Avenue currently do not receive irrigation water. C. Councilor Stadick: Airport Updates: Council Stadick reported on the discussion at the recent Airport Commission meeting regarding a name change of the airport. They will be making a recommendation at the upcoming City Council meeting on September 15, 2022. BOOK 63 PAGE 193 d Councilor Register: Workshop regarding the School Funding Process: Councilor Register requested a workshop with a representative(s) from the school district(s) regarding the school funding process, cost to construct a new school versus the cost of portable units, costs to staff a portable unit, and current needs. Mayor Wagoner stated that staff would work to organize such a workshop by contacting Joey Palmer of the Vallivue School District. Ms. Register responded that she would also like representation by the Caldwell School District to be included at the workshop as well. (MAYOR'S COMMENTS) None. (ADJOURNMENT) MOVED by Doty, SECONDED by Stadick to adjourn at 10.52 p.m. MOTION CARRIED APPROVED AS written THIS 151h DAY OF September , 2022. ATTEST: City Clerk Uouncilori �illfr�i Councilor JAN IS •' '���Iff fifff*y�'