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IN FAVOR OF THE REQUEST f,'OR AI\INEXATION
PUBLIC HEARING: Request by the City of Caldwell to annex approximately
f9.93 acres (f,'anvell) into the city as an M-l (Light Industrial) zone.
SIGN.UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing until
recognized by the Mayor. All persons speaking shall speak before a microphone in such
a manner as will assure that the recorded testimony or remarks will be accurate and
trustworthy. At the commencement of the hearing, the Council shall establish a time
limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature
or one after which the City Council is required by law to make findings of fact, each
speaker must swear or affrrm that his testimony will be true and correct. Any person
refusing to comply with the rules will be prohibited from speaking during the Public
Hearing.
NAME ADDRESS
7*n*, EiL XrL
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oPPOSE THE REQUEST FOR AI\TNEXATION
PUBLIC HEARING: Request by the City of Caldwell to annex approximately
19.93 acres (Farwell) into the city as an M-l (Light Industrial) zone.
SIGN.UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing until
recognized by the Mayor. All persons speaking shall speak before a microphone in such
a manner as will assure that the recorded testimony or remarks will be accurate and
trustworthy. At the commencement of the hearing, the Council shall establish a time
limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature
or one after which the City Council is required by law to make findings of fact, each
speaker must swear or affirm that his testimony will be true and correct. Any person
refusing to comply with the rules will be prohibited from speaking during the Public
Hearing.
NAME ADDRESS
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QUESTIONS AND DISCUSSION REGARDING THE REQUEST FOR
AI\NEXATION
PUBLIC HEARING: Request by the City of Caldwell to annex approximately
19.93 acres (Farwell) into the city as an M-l (Light Industrial) zone.
SIGN.UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing until
recognized by the Mayor. All persons speaking shall speak before a microphone in such
a manner as will assure that the recorded testimony or remarks will be accurate and
trustworthy. At the commencement of the hearing, the Council shall establish a time
limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature
or one after which the City Council is required by law to make findings of fact, each
speaker must swear or affirm that his testimony will be true and correct. Any person
refusing to comply with the rules will be prohibited from speaking during the Public
Hearing.
NAME ADDRESS
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Book.43
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, REGULARMEETING
DECEMBERt6,2002
7:00 p.M.
The Meeting was called to order by Maybr Nancolas.
The Invocation was offered by Doug Gross frorn the Evergreen Heights Mennonite church. TheMayor requested that everyone remri, rt""airrg i, the pledge of Alligiance to trre Flag.
The Roll of the city counofl was called with the folrowing members present: ozuha, Dakan,Wells, Blncker, Callseq andHopp". AL;il;;;".
SPECIAL PRESENTATIONS.
There were no presentations at ihis time.
ADDITIONS OR DELETIONS TO TIIE AGENDA.
It was MOVED by ozuna, s-EColLD!_?-by_*rpper to add a No. 7 to the consent carendar whichwas to accept the Airport Lease with Wilfo;d anf.Joan Maag.
Roll call vote. fto:: u:fug yes: Ozuna, Dakan, Wells, Blacker, Callseh, and Hopper. Thosevoting no: none. Absent ana not votin& ioiJ'*''
MoTIoN CARRIED
MOVED by Hopper, SECONDED by Blacker to approve the Agenda as amended.
Roll call vote' Those voting yes:. Hopfer, ozuna, Dakan, wells, Blacker, and callsen, Thosevoting no:. none. Absent ana riot rotirj,- nJrr. -"-
MOTIONCARRIED
AUDIENCE PARTICIIPATION.
The Mayor asked ifthere was anyone in the audience who cared to address the city council at thistime' since there was no one' tt i rtruyo, a..iuJti., [. t.oirg *ould continue as outlined.
li
CONSENT CALTNDAR:
ffi"n,H[ff'i,f3"ff",?*wing items on the consent catendar for consideration by the
)
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4.
6.
ffi'r'ff:;l;Lyii'iXiff":, the minutes or the Regurar council Meering or December 2,
Approve the Order of Decision onC.aso No. ANN_75_02, Farwell Annexation;Approve acceptance of a bid Iiom ritnircnevror"t ir.-;;i;krp for the water Deparrment;Approve acceptance of a bid fiom the row uiaaer,-rvilr., rn.. or Boise for commerciarHangar - Sheet project;
Approve extension ofthe B.F.I. Conhact.for 90 days, until the lsr ofMarch, 2003;Approve the Airport Lease Agreement with Wilford *aJo* ivf*g.
MovED by Dakan, SECONDBD by Blacker to approve the amended consent calendar aspresented by Mayor Nancolas,
l^".1,_:1L.r"r:: Thoso voting yes: Dakan, Wells, Btacker, Ca,sen, Hopper and Ozuna. Thosovotrng no: none. Absent and not voting: none.
MOTIONCARRIED
OLD DUSINESS
(CONTINUATION OF PUBLIC.I1ARIIG (QUASI-JUDICIAL) ON CASE NOS. ZON.25.O2 ANDSUB-78P-02 (VIRGINIA J4RK SUBDi'iSiON #2), REQUESTS BY CRESTLINEDEVELOPMENT, LC, ANDXEARTLAND DEiiIiiOiTUTXT, LLC FOR THE FOLLOWING: AREZONE OF APPROXIM1IELY Z.ZS AiNNS'.NO-NN C-2 (COMMUNITV CONATVTTNCIAL) TOR.2 (MEDIUM DENSITY RU*qDlITIAi'[tiTiTXii AXN PRDLIMINARY PLAT APPROVALOF VIRGINIA PARK SUB_#2, COXSririXCOr'ii iTUSTNNNTIAL AND 1 COMMON AREALOT ON APPROXIMATELY 2:OA ACNES ON tHi'SirEI
The Mayor explained that this item was a continuation.of a public Hearing which was quasijudiciar, case Nos. zoN-25-02 *a ryn-isroz,^vrrer"r. pikffiii;tl iil ,. rhis was arequest bv crestline Development LC and geartraira o"r.lopr*i'iic';;, u rezone ofapproximately 2'75 acres fromc-2, communitlcommercial to R-2, Medium Density Residential' and preliminary plat approval of virginia Park i"uairiri"" N, zl#ri.,ir# iiresidential and Icommon area lot on approximately j.68 acr.s on that site. rra"yo, Nun"or-* a".ur"a the Hearingcontinued and open and indicated firat ir tnere weie members of the audienco who wantecl totestiff, they would still have the opportunity to do so.
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Mayor Nancolas stated that council would now need to go back to suB-7gp-02 and.follow thesamo process.
COMPREHENSIVE PLAN ANALYSIS:
MovED by Hopper, SECoNDED by Blacker to accept the comprehensive plan Analysis asoutlined in the StaffReporf
Roll call vote' Those voting yes: Hopper, ozuna, Dakan, welrs, Bracker, and calrsen. Those.voting no: none. Absent anj;"t";;;,';;;:'
FINDINGS OFFACT: MOTION CARRIED
councilman Hopper submitted the foflowing Facts: .The staff Report; the testimony presentedthis evening; the fact thar ," ; ;;;;'in'ooposirion; et
""r,,n-""i'a .ririin"a mi, evening;testimony about the deed reshictions *J'"dr". "itlrrs we will take in order to frovide appropriateaccess to the subdivision. -- -r
IH###1X;:ffr$"i"Xe acknowledge that frev were wlring ro do a graphic porhayar or
MOVED by Hopper, sECONDED by wells to accept the Findings as presented.
Roll call vote' Those voting yes:' Hopper, ozuna, Dakan, wells, Blacker, and callsen. Thosevoting no: none. Absent ani',i"t ""ilniirlri.
''
coNCLusroNS OFLAW: MOTION CARRIED
MovED o, O-1?-lIagND.ED by Hopper stated that the Caldwe, Ciry Council has theauthority to hear this lequest and to make theteciiion to approve or deny; the hearing was Iegallynoticed and conducted within guid.lil;il"-;;;licable codes and oriinances.
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Thosevotingno: none. Absentanjrirtrrtrog';;; Dr.crtsr,ualrsen,and
ORDERoFDECTSIoN: MOTIONCARRIED
IvlovEP by Hopper'f,ECgNDE? by.callsen that bascd on Findings of Fact and conclusions ofLaw' rhe cardwe' cirv counc, ;d"r'"d;; &e^No. sup-i8F{i; ;;ffi"r, bv crestrineDeveropment LC and.tieartlanu n.r"r"prl* lic ror pretimina[ ,,iriairiri"rr'p,", approvar ofvirginia park subdivision N",,1.g1i"!ii,!-or"iz rusrarntiar lotjand I common area rot wasapproved with conditions as outlined in *ru Eturrn po.t us wel as the agreement that there will bedeed restrictions on the properties;,ril-.#i"tr;o-ria" ua.qrrt" u"i";r*;;,;" fact that anyconditions wi*rin Attachmeni A *orra rul"ir.a.""lnditions "r,il;; iil;shirn po..
Roll call vote' Those voting yes: Hopper, ozuna, Dakan, weils, Blacker, and caflsen. Thosevotingno: none: Absent ani,i"tr"tiriirJoi]*-, "'^-u weus, bracKer, and
MOTIONCARRIED
.MOVED by Hopper, SECONDED by Callsen to close the public Hearing.
Roll call vote' Those-voting yes: Hopper, ozuna, Dakan, wells, sru.k"r, and callsen. Thosevoting no: none. ebsent and"rioivrth;l ;;'*"' uwat, werE lrlacker, and I
MOTIONCARRIED
(C_ONS.IDER BILL NO. 46-P-ERTAINING TO THE, ANtr{*nI, ANNEXAfiON WITH THESf,fflT,."rl%Xf.Xf,Alri5H.r*';i-; pir":6i,',r",
",*r, nr-in-rriCixD appRov,
Mayor Nancolas explaincd that this request for annexation was approved at the last city councilMeeting' B,r No. 46.was now before councir iri-trri5
"1pJo."ur and passage with the request towaive the rures requiring.th.
{-"-:g .";dG';j;;, me im re ,;"J i;f"ri;";;e readirig andpass at this time.. He read the Bill by title E fV u, t"ff"*r, -- --- --^- .-. -l
AN ORDINANCE DE-TERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THEcrry LrMrrs or TE g.TI oF cAi;i/Ei;,'ibyyvgl cANyoN srArE oF rDAHo,AND TIIAT,SAID LANDS SHOUTN S;ifi;SXEO TO THE''I"iVOii"ArOWNr.r.,rDAHo, As pARr .gl THE LA_i rrrcHi" ry?ylTRTAL) zoNE DrsrRrcr; ANDDECLARING SAID LAND--S BV PNbPCIL;iAL DESCRIPTION AS DESCRIBED BELOWro BE A pARr oF fi_fi_c]Ty oFaAi;w#;,'6aNyox corrr.rry, rDAHo; RE,EALTNGALL ORDINANCES, RE-SOLUflONC CJ'R#iri ON PEOr* THEREOF rN COT.IF''IC,HEREWTH;, AND *D-IRECTTNG
-THE*"i;iY
ENGINEER AND COMMIINITYDEVELOPMENT DIRECTOR iO AOO S;TO"PNO'UN'" TO THE OFFICIAL MAPS OFTI{E CITY OF CALDWELL, MAr,O;-ANO*OTIGCTTNC T}IE CLEITK OF T}IE CITY OF
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CALDWELL TO FILE A CERTtr'IED COPY OF TI{E ORDINANCE AND MAP OF TTIEAREA TO BE ANNEXED WTTH CANYON COUNTY, STATE OF IDAHO ANO TTM NATTOSTATE TAX COMMISSION, PURSUANT TO ,,ArrO CONE, SECTION 63.2219.
MOYED br Hgnrer, s,EcoIDP? !y Blacker to waive the rules requiring that a Bill be read atthree separate times and read in full for one reading.
Roll call vote' Those voting yes: Hopper, ozun4 Dakan, wells, Blacker, and cailsen. Thosevoting no: none. Absent ana not voting: none.
MOTION CARRIED
YOtrP by Hopper, SEC-ONDED by ozuna that Bill No, 46 be passed and entitled ordinanceNo. 2450 after the one reading by tifle only.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakau, Wells, Blacker, and Callsen. Thosevoting no: none. Absent ana iot rotio[,'oon". ---'
NEWBUSINES'
,OTIONCARRIED
(PUBLIC TIEARING ON RT}QUEST BY DON AND BARBARA WXOM TO YACATE ApoRTroN oF sourH GEOncil ewmtri -- '..'-
The Mayor stated that the first item under New Business was a public Hearing on a request byDon and Barbara wixom io yacate a portion
"r s"r,n c""iil"-a'r""r..'I;i:'i"* a Legislativematter so no one wari requied to be under oath. He recogniz-ed t\,ft. i;, tr,Jlity rngio""., *t owas making the StaffReport. s rr{' !aw' urs uriy
Gordon Law, City Engineer for the city of caldwell, 621 cleveland Blvd. Mr. Law stated thatthe matter before the council was " *qrot t,
"""1te 1 ryrtign of south Georgia Avenue lyingbetween Syringa Lane and,Inte$tate .t]i rr" p"t"t"a out that there was a copy of a portion of theAssessor's PIat which would help to identi$, '"fr"."-rn" street nght of way was located. Also, forthe record,'certain statutory items have Gr;.k;; care of. Notice was.properry placed in theIdaho Press Tribune in accordance *itl rt"t t" uoa also property owners wirhin 300 feet oftheproposed vacation were norified by rener. The matter ft b"d p;;i;d ;" til ciry,s Trafficcommission and acted upon with a ,""o*r"nautiL to council. The originar request was for' vacation of the entire street and the Traffic commission strongly recommended that the entirestreet not be vacated. They did come to u "or"tu"i* ttrat a port"ion
"itir.1i=r.t *"rd be vacatedto deal with some issues that Mr. and vrrr- wi*o- iluue with the rocation of their house and thelocation of the respective .ieht or rray. ih" ""lo*.I"ra.tio, of the Traftic commission was thatit mav be in the ci&'s _intere.t t" "llr*;;;;;'il " ^t"-* foot strip on the westerry side of theright of wav rying south of syringa L;;;J;;; of rh-e Interstate 84 right of way. Mr. Lawmade ieference to an item i, co-*"it', p""t"i*iri.u discusses a methodorogy, a process ofevaldating vacation requests in_an o.d.rry i;hi;; io a"t"..io" two things. rne nrst thing was todeterrnine whether the righr or *uy to 6r-*"u:t"ii* .*r"r, right of way and the second waswhether it was in the public interesito uu.urr tt i. .*"lrs right of #ay. r" ,tl n*,"r., *r,en right ofway vacation requests come to you, we will be going uri"rgr, 1,ii aritonio*a-it ..ir" i, *orderly fashion and consistent fasruon *rt"tt.r.ifit-of way should be vacated. we have learnedby some experience ho., ,I.-r, ,,o* .*p"rriu"
-irwas
to buy it tban_ it was to give it away. Thecity Traffic commission aia us" tnir'ao"ri"nt'ii
"uarutirg this request and carne to theconclusion I have previousty m"otion"J. in.ira"a i" the packet was a proposed vacationordinance that was consistent with tl," r;.;,il;;d;;;,
"i u,, rl"ffi;'crfr-li"ii'*i, vacationordinance proposes the vacation "f th" *;:;r.[;; feet,that I ;il;il ffi-in exchunge forthat, there were rwo conditions r"t.a. or" ."rii iii'** that in exchange for providing this fourfeet of right of wav to Mr. ard Mrs. *i;, t,ilil; rn hrn provide a connection between southGeorgia Avenue and owytree r-". rrr"-L"*i'"-Joaition actually approaches the heart of theissues which prompted thi. wixoms t" ilp;;; flr,
"irr
to, ;";tirr:.1il;;;that they havetwo items that were located or encroach ii'tr," Jrtirg-.ight of way. one was the house itserf anda piece of the air conditioning ,nit *... io tf,eii'Ji;o?w-ay. etso, there was an old bam south ofthe house rhat was in the.righi of way by;,","r;iii;_feet. The four foot vacation takes care ofthe encroachment of the house, trt jo.i ,"-t t"t, .u.. "ln. .or.ou-rr,.*i o'ril'iir conoitioningunit or take care of the encroachment or tr," Ja-ta*. There was a second condition ]isted in theordinance before vou and rhat trror" r*iriiii,"ln" ui. .onai[-;;;t, ffi # bam, werepermitted to remain in nrace until ,t" .tghi"i;L;as opened or untl either the bam or the airconditioning unit need'to br;;-"r;;T'il#i *iao."
tro condirions were incruded in thepetition for vacation' Mr' Law-fi'th.. .i"t"a'tiloill" i6. foot right of way was consistent with the' minimum standard in the citv c;;.-- rf,"*i"ci";"r1i D;pffi; -J[-,nuriog
tr,"recommendation, and was.,arso_tonsidered ty tr,. il"mr commission, that it would trot beadvisabre to go any less--than so r..t ur"urJ. ir-utt ort., ,"t "..r-it.irrgti'.r way wasprovided, tlere was usualry a t.n root,*"*"ri t* r,un", ""irfi*"ii#r,i'#i"iion. Fifty-sixfeet should be zufficient,ro get the necessary ,t,ii., tt
"rgn th;i;;;-h tlr. l*tiog ,igt, orway, there was a water line and there;;*;';;""entually exteud u,"*". iilf 1,.orgt tt,existiug right of wav neither of whi"t *"Ja u".ri"J"a ry u", i"ri;; il;l;. "'"
council Members discussed this mafter at some length and asked a number of questions.
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Book 5 o Page 249
various developers. They.have been out collecting funds and have been veryreported that he received several phone calls froli concerned parents wit tliedrinking and the houses where young people were g"th".i"r.
councilrnan wells reported briefly on the Event center Board activities. They were hoping tohave an at large board member in ilace after rhe i; ;iii "-;;.
-v{ '.lrvrr r rrv/
0{AYOR'S COMMENTS)
The Mayor.commented o2^the following: City Halhvould-be closed on December 2Sth and26th;there.would be a speciai city.council -Meeting
"" o""".t* iF?"r.i""r" *ir,e potice Stationwhich was to consider amending the boundari-es of the caldwell surt uit; Renewal Agency;discussed the y.M.c'A. project brieflv; he would be presentinf his aiate;tli; city address atIl:30 a.m. on January 14,2003 at Altirtson coilege of ldaho;-o"
"ppoint a
"fuciars would bereappointed at the ffst council Meetin_g in January; reminded counci'r to'u" trrintiog about theelectiori of council presidert .t.th; fi-rr;;;;ilg'in J*uury ,rar,.-""rrj'rlso be makingappointments to the various boards and commissiJns; he has been **tirrg ,"i1, the Gorf proswith regard to their contracts and hoped to have them reading in January.
(ADJOURIg
since there was no further business, it was MoVED by Bracker,
'ECoNDED
by Hopper toadjorrm the Council Meeting at 9:20 p.m.
Roll call vote. Those voting yes: Blacker, caflsen, Hopper, ozuna, Dakan, and wells. Thosevotingno: none. Absentandnotvoting: none.
MOTIONCARRIED
successful. He also
regard to underage
APPROVED AS r.rrlrten THIS 6rh DAyOF January ?f02.2003
+6_
Mayor
Councilperson
ATTEST;
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.Book 43 Page 234Ie
REGULARMEETING
DECEMBER 2,2002
7;00 P.M.
. The Meeting was called to order by Mayor Nancolas.
The Invocation wzis offered by Don Berbelsen Aom the Oregon Trail Church of God. The Mayor
requested that everyone remain st.dnding for the pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following.members present: Ozun4 Dakan,
Wells, Blacker, Callsen, rind Hopper. Absent: none.
SPECIAL PRESENTATIONS.
There were no special presentations at rhis time.
ADDTNONS OR DELETIONS TO THE,{GENDA.
MOV-ED by ozun4 SECONDED by Hopper to continue Item No. I under Old Business until thenext Regular Council Meeting; and to remove Item No. 3 under New Business which will be re-noticed at the appropriate fime.
Roll call. vote. Those voting yes: ozuna, Dakan, wers, Blacker, calrsen, and Hopper. Those
.voting no: none. Absent and not voting: none.
MOTIONCARRIED
MOVED by Hopper, SECONDED by Blacker to approve the Agenda as amended:
RoII call vote. Those voting yes: Hopper, ozun4 Dakan, wells, Blacker, and ca[sen. Thosevotingno: none. Absentandnotvoting: none.
AT'DIENCE PARTICIPATION, OTION CARRIED
Mayor Nancolas asked if there was anyone in the audience who cared to address the City Councilat this time. Since there was no one, the Mayor declared that the Meeting would continue asoutlined..'
CONSENT CAIEITIDAR:
The Mayor presented- the following items on the Consent Calendar to the City Council to be
considered for approval:
?j:q.*: with the ls.ding of the minutes of the Regular council Meeting of November IE,2002 and approve as written;
{fftovg accepEnce of the minutes of the Caldwell Industrial Airport Commission Meeting ofNovember 19, 20w and the caldwell Golf Board Advisory Board Meeting of october"l6,
2002;
Approve orders of Decision on case Nos. ZoN-27-02 (Hempel rezone); suB-51(4)F-00
(sogthpark Sub. No. 2, Unit No_. 4); suB46(r)F-00 (weston pointe No rl; ana sus-istalr-
00 @elaware Park Sub. No. l, Unit No. 4);
Approve the following Resolution suthsrizing execution of an Amenrrment 6 between the
-c-ity-
an! Motrtgomery watson Harza for pre-Desip of wastewater Treatnent plant
Headworks:
BE IT ITEREBY nesotvro by the Mayor and council of the city of caldwell, Idaho, thattle Mayor and clerk of said city are hereby authorized to execute that certain imendment
No; 6 to an Agreement for Engineering Services, by and between said crty and Montgomery
watson Harza, for the providing of engineering services relating to a pre-desigp"of the
wastewater Treatment Plant Headworls, and which Amendment isittacnea neretoLd made
a part hereofas ifset forth in firll. I
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5.Approve the following Resolution authorizing execution of consultapt services Agreement
between the City of Caldwell and Toothman-Orton Engineering Co.:
BE IT HEREBY RESOLVED by the Mayor and council of the city of caldwell, Idaho, rhat
the Mayor and Clerk of said City are hereby authorized to execuie that certain- Agreernent
entitled "Agreement for Professionai Services", with attachments, by and between iaid city
and_Toothman-orton Engineering co., which Agreement is for thi preparation of city ofcaldwell standards Drawings and Specifications, and which Agreemeni is attached h;reto
and made a part hereof as if set .forttr in full
6.+pp-rov-:_bid submitted by Northwest Equipment sales for a new Low Boy equipment trailer
for the Water Deparfrnent;
Approve the following Resolution autholizing execution of Memorandum of Understanding
with ttre Nampa Highway Distriot:
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MovED by Hopper, SECONDED by Blacker that Bill No. 45 be passed and entitled ordinancero.2449 after the one reading.b! title only and to approve the S,mmary for publication.
Roll call vote. Those voting yes: Hopper, ozun4 Dakan, wells, Bracker, and calisen. Thosevoting no: none. Absent and not votingl none.
MOTION CARRIED
qYB}gP!ryNG (QUASIJUDICIAL) ON CASE NO. AIIN.75.O2, RNQUEST BY TIIE CITYOF CALDWELL TO ANNEX APPROXIi\&T,TELY 19.93 ACRES @ARWEtt) INiO rUN CrrYAS AI\ M-l (LIGIIT INDUSTRIAL) ZONE)
Mayor Nancolas explained the.procedure stating that under a quasi-jud.icial procedure, there weresign up sheets and anyone caring to testify woil<t need to sigp up. Th" Hlarinj wouta tfren teo.penedandallofthoserequestingtotestiffwouldbeswomirityiheclerk. The"staffwoutdthenmake their report and testimony accepted Aom those in favo1, Oorc io opforition and those whohad questions or discussion about the matter. The Public testimony part oitfr" n"Jilg *"rlj'i"closed and they would proceed with Comprehensive Plan Analysis, Finaings ofpa"t, Conclusionsof Law and an order of Decision based on the testimony of staif and thoseiestifuing.
A-ll those testiffing or making a^report were then swom in and the Mayor would proceed by askingMr. Hasson to present the Sta{f Report, Mr. Farwell indicated that he *ur pr"rlrrt to answer any.questions that might be presented so the Mayor asked that he be swom in as wen-
The Mayor then opened the public Hearing and recognized Mr. Hasson.
Steve Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged rhat hewas-slvorn in and presented the StaffReport. Mr. Hasson informed bouncil that this was acombination annexation and special use pemrit request. The application was from the City ofCaldwell and was a re-annexation to bring approximately 20 acies of land located at the 5400block on cleveland Borleyard into the cif of caaweu as an M-r, Light Industrial Zone. Thereason the property needed a Special Use Pennit was that the nature oftie business was primarilyfor auto salvage and wrecking yard. salvago and wrecking yard was only allowed in the M-lZone through a Special Use perrnit.
Mr' Hasson explained that this land was annexed into the City back in 1996. There was a request
:o q.,-.*q: pr:p^er-q ang this_*us uppronid with an agreiment for voluntary petition to annex
bac.k to the City of Caldwell in five years. Last octobirthe five years had transpirert. The Cityrelied upon the agreement and began the process to sponsor this re-annexation into th" City. Atthat time, he did discuss this process wiih the Farwell, owners of tne proferty and with theirAttotgy, Mr. Bailey. They were present at the meeting tonight. 'ihi, ."l*o"xation wrsaccording to the new rules adopted by the State Legislature-and falls under a Class AClassification and was being presented io Council in th-at regartl. tt wa. a sraight forwa.dannexation reques! but he would answer any questions Council iight have.
Mr. Hasson firther stated that the Farwells have a grandfathering right to the salvage andwrecking business. In addition, he stated that the Plaruring and zonin! cJmmission approved theSpecial Use Pemrit request from the Farwells.
The Council asked several questions and there was a brief discussion with regard to other re-annexations.
The Mayor asked Mr. Ranson Bailey if he cared to comment at this time. Mr. Bailey, 1506 NorthFiffI Street in Boise, Idaho, indicated that Mr. Hasson was very helpful and he was available ifCouncil had any questions ofhim.
NEW BUSINDSS
MovED by ozuna, SECoNDED by wells to close the public Testimony portion of the Hearing,
Rol.l call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Thosevoringno: none. Absentandnotvoting: none,
COMPREIIENSIVEPLAN ANALYSIS: MOTION CARRIED
MqvEP by Hopper, SECONDED by weils to accept the comprehensive pran Analysis asoutlined in the StaffReport.
Rg-ll call vote. Those voting yes: Hopper, ozuna, Dakan, wens, Blacker, and calisen. Thosevoting trol none, Absent andnot voting: none.
MOTION CARRIEDFINDINGS OF FACT:
Councilnan Wells stated that Council accept ttre general facts outlined in the Staff Report; public
testimony that was heard tonight. The Mayor udd"d thut there was no one present to testifu inopposition 1o g6e annexation and the property was contiguous to the city. councilman wells
''Book 43
Page 238OO
councilman
"*::l?91:o-thar the Finance committee has reviewed current accounts payablein thd amount "r.^g::i,fq ?i;*i;;;filded Novemborii,-icioi.*a a net payroll or$ I 75,909. I 0 for the pay pe.ioa
"naea No.vemie. I 6, 2OOZ.
MOVED by cattsL,-seco,r'roEl-
!y rlopper thar^accounts payabre in the amormt ot $658,460.72represented bv check n,mbers rrpis tilfugh r2122 and'the,"iJ'p"yiii"r* the amount of$r7s,909.r0 represented uv i-t".t lriri""ir"*oez tnougt I162 be acceptea, p.yrro, approved,and vouchers filed in the Oilice
"f ,frnr,y "Cl".t.
Rol'l calr vote' Those voting yes: calrsen, Hopper, ozuna, Dakan, we,s, and Bracker. Thosevoting no: none. Absent anJoot,o,ins ;;;]"
MoTtoN CARRIED
(CITY COUNCTL REPORTS)
Councikuan Hopper commented thut h" o,a,
"oloying the lights on Tenth.
!""#",sf"i*|!:fl:'#ffif:"d on how great the lights.were and tle new r'e subsration was
(MAYOR'S CoMMENTS)
Mayor Nancolas reported the following: Thuok..d everyone for their kind thoughts during hisrecovery tom his incident last sat*rdav] r,r *oiia oot u,i ;il;c il #ioii League of citiesconference; this coming rria"v ** ill ;;;. rigmirg a"*r:t-* *ii"i *,r begin around5:00 p.m. at the senior centr.. 'rnr-til oi,iii"!"ttio. g r*g. enough that they didn,t have roomfor everyone at Trolev square *4";Jd ffi.? rnliur ;*;;?";*ft*ent and rhey w,rthen have a candle right march aom a"trntr. io a" ,o-o of Kimbail and Braine where therewilr be another short ceremony -a m o*'-ri-grrii"g. This coming saturday was the chrishnasParade and if counc, ,""ar .uray, IJi** f'"*. r.-"aiur"ly riro*ingh"'pa.uae, they wirlgarher at the new tue substation *ii ,r*. ,riiu"
" :!b_ "r il;;;;il ,i"iJn""i,
"",,,rr.
,t ...
Iffnlo'"Xti*"lTfrs.In *itr, tr" '"'ru.tu..-JicowaiS "?;#;";il'ili" to schedure aduringthe;;--;rt"'#fl 'L'rT"t,jfl :H:,:,T#rfi:ffi e;H#"I,fl :[Hil/#;local property owner,has a*ut a p.op-"rtiio"iil. proi"",. The site setection-was next to theCaldwelr High school which he u"i"iJ'**
"^?..r.raou. rrt". rn.y'*.."i th" p.o..r. ofamending tbe Urban Renewal bounG.rt iifra. this properry.
(ADJOURN TIIE MEETING)
#?f"iltJr-gfffr;fft*ED bv Hopper that since there was no turther business, the meeting
Roll call vote. Those^voting y:s: gzunq Dakan, Wells, Blacker, Callsen, and Hopper. Thosevoting no: none. Absent ana ,ot uoti"g
-i;;'*',
APPROVED AS
ATTEST:
ten TTilS 16th DAYoF
Councilperson
MOTIONCARRIED
2002.
{
Mayor
)
4
#ffi&@w o
JAN 1'
tt
I o
CASE NO. ANN.75.O2
FARWELL AUTO BODY ANNEXATION
BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
DECEMBER 16,2002
IN THE MATTER OF THE APPLICATION OF THE CITY OF CALDWELL TO REANNEXACRES INTO THE CtTy AS AN M-I (LtcHT TNDUSTRTAL ZONE)
TABLE OF CONTENTS:
I. COURSE OF PROGEEDINGS,II. GENERAL FACTS,!II. TESTIMONY,
IV. APPLTCABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT ON GASE NO. ANN.75.02VII. CONCLUSION'S OF LAW ON CASE NO. ANN.75.02VIII RECOMMENDATTON ON CASE NO. ANN.75.02IX ORDER OF DECISION ON CASE NO. ANN.75.02
1.1
1.2
1.3
1.4
APPROXIMATELY 19.93
il
2.1
2.2
2.3.1
COURSE OF PROCEED!NGS
The Caldwell Community Development Department issued a notice of Public Hearing on Case No. ANN-75-02AND SUP-175-02 to be held before the Caldwell Planning and Zoning Commission on- Octobe, 17,2002. public
notice requirements set forth in ldaho Code, Chapter 6-5, Local PlJnning Act, were met. On September 24,2002 notice was publish"-d in tn" J-Orho+fg* flOunc; on
'septem
ber 27,2002 notice was mailed to all property
owners within 300 feet of the project site and to all political subdivisions providing services to the site;'and, onOctober 10,2002 notice was posted on the site.
At that hearing, the Planning and Zoning Commission recommended approval of the rezone. ln addition, thePlanning and Zoning Commission approved the special use permit requbit for the wrecking/salvage yard at the
site, contingent on the City Council approving the annexation.
The Caldwell Community Development Department issued a notice of Public Hearing on Case No. ANN-75-02to be held before the lvlayor and City Council on Decemb er 2, 2002. Public notice requirements set forth in
f!a!g CoOe, Chapter 65, Local Planning Act, have been met. On November 17,2002 notice was published inthe ldaho-Press Tribune; on November 15, 2002 notice was mailed to all property owners within 300 feet of theproject site and to all to all political subdivisions providing services to the City'of Caldwell; and on November 21,2002 notice was posted on the site.
Files and exhibits lelative to this application are available for review in the Community Development
Department, Caldwell City Hall, and will be available for review at all public hearings.
GENERAL FACTS
APPLICANT (S): City of Caldwell, 621 Cleveland Boulevard, P.O. Box 1177 Catdweu, tdaho 83605
OWNER (S): Wayne and Paul Farwell - 5411East Cleveland Boulevard, Caldweil, ldaho 83605
BEQUESJ: The City is requesting to re-annex approximately 19.93 acres of tand (parcets R3244T and R32446)located along Cleveland Boulevard into the City of Caldwell as an M-1 (Light lndustrial) zone. The site iscontigious to the City and located in the City's impact area. The business operation is used primarily for autosalvage purpose. A salvage or wrecking yard is permitted in the M-1 zone through a special uje permit.
Accordingly, this request is not only to re-annex the land but also for purpose of acqiring a'special use permit
Page 1 of 5
12t16t2002
City Council
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to continuethis buslness enferprise in the city as a.conforming use' on october 17' 2OO2' -the Planning and
zoiing Commission approved the special use permit request'
This is a city lnitiated annexation that is proceeding according to the rule.s and procedures for municipal
annexations as approved by the 2001 rdaho State r6gisrature. ihe annexation procedure is being pursued
according to the tegistative provisions spettJO oui ioiproi"rty falling into annexation category "A''
TheprovisionsassociatedwithaCategory.,A,annexationareasfollows:
Gategory A classification: Annexations wherein all private landowners raise no objection to annexation' or
annexations of any residential enclaved lands of less than-on" nuno.ed (100) privately owned parcels'
irrespective of surface area, which ,r" .rrrornJed on att sides by land within Caldwell or which are bounded on
all sides by lands within the city's limits ,no ov ranos for which owner approval must be given' or which are
bounded on all sides by lands within Caldweil ;.t bi the boundary of the City's area of city impact'
ProceduresforGategory.A,Annexations:LandslyingcontiguousoradjacenttotheCaldwellCitylimitsmay
be annexed by the city if the proposed annexation mee[s the requirementl of category 'A'' Upon determining
that a proposed annexation meets ,r"n ,"qrir"r"nts, Caldweff mlY initiate.the planning and zoning procedures
and public hearing process, to establish in" "orpr"hensive
pfan;ing policies' where necessary' and zoning
classification of the lands to be annexed'
Evidence of Gonsent to Annexation: Prior consent to annex shall be deemed given when evidenced by
written authorization or approvar executed by the owner or the o*n"r't authorized agent. consent shall be
implied for the area oi alt iands connected to a water or wastewater collection system operated by caldwell and
for lands subject to a written consent to annex recorded in tne canyon co.unp Recorder's office' written
consent to annex rands, if recorded in tne canvon county Recorder's oni"e, shail be binding upon subsequent
purchasers, heirs, or assigns of rands addressed in the conseni.
-i"nor need not be contiguous or adjacent to
caldwell city limits at tne-time the landowner consents to annexation for the property to be subject to a valid
consent to annex; provided however, no annlxation of rands rnuii o""ur, irrespective of consent' until such land
becomes contiguous or adjacent to Caldwell'
2.4 BACKGROUND:This land use aPPlication is for the reannexation of a Parcel of land that was deannexed from
Caldwell in 1996.The land parcel had initiallY been annexed into the CitY of Caldwell on February 5, 1996 as
part of the Cleveland Boulevard Annexation - Ustick to Midway Later that Year,at the requ est of the landowner,
it was deannexed. At the time the property was deann exed the ProPertY owner's,Wayne and Paul Farwell,
entered into an agreement with the City, known as
Catdwetl, ldaho (sle A-10). The agreement provides
the opt',on to rely upon the agreement as a petition
initiate an annexation on that basis.
that after the laPse
for annexation into
of five years (from
the CitY. The CitY
1996) the CitY has
has determined to
2.5
2.6
2.7.1
LoCATIoN:54llE.ClevelandBoulevardCaldwell,ldaho33605
LEGAL DESCRIPTION: A parcel or !9{ lying in the Northeast Quarter' section 1', Township 3 North' Range 3
Mity of Caldwell, Canyon County, ldaho.
coMpREHENSIvE PLAN DESIGNATIoN: The comprehensive.plan designates this parcel as a combination of
commercial and industrial. The land use classificaiion listed ii ihe coilprehensive land use plan generally
conforms to the zoning classification proposed as part of the annexation pursuit'
prooerty Riohts: The five checktist criteria set forth by the Attorney General in the "ldaho Regulatory Takings Act
Guidelines" were reviewed by planning staff. The criteria is as follows:
1. Does the regulation or action rbsutt inL jermanent or temporary physical occup.ation of the land? No
2. Does the reguration or action require'a property owner to tloicate a portion of property or to grant an
2.8
2.9
Page 2 of 5
1211612002
City Council
easement? No
oI
3. Does the regulation deprive the owner of all economically viable uses of the property? No
4. Does the regulation have a significant impact on the landowner's economic interest? No
5. Does the regulation deny a fundamental attribute of ownership? No
2.10 School Facilities and Transoortation: The Caldwell and Vallivue School Districts were notified of the request
through mailing of the public hearing notice on November 15,2002.
2.11 Land Use: Area of City lmpact - The site is located in Canyon County, contigious to the City of Caldwell and
within the City's of area of impact; the Canyon County zoning designation is Residential. Canyon County
Development Services was notified of the request through mailing of the public hearing notice on November 15,
2002.
2.12 Public Services. Utilities and Facilities and Transportation: ln a memo dated October3,2O02, the Engineering
Department offers the following comments:
The existing property is not currently connected to either City sewer or water services. Both sewer and water
services are located in Cleveland Boulevard on the northeast side of the road. The capacity of the sewer and water
systems, the City's ability to provide services, and connection fees for these services will be determined when the
owner applies for connection.
2. Within the City of Caldwell, Cleveland Boulevard (a.k.a. Caldwell Boulevard, l-84 Business Route) is a state right-of-
way. A permit to use right-of-way shall be obtained from the ldaho Transportation Department (lTD) prior to any
construction being performed in said right-of-way.
3. Storm water drainage from additional impervious areas created by any future modifications to the existing structures
and/or grounds shall be retained on-site in accordance with the City's Storm Water Management Policy. A copy of
this policy is available upon request. A professional engineer, licensed in the state of ldaho, shall provide
calculations, which indicate that the assumptions in his storm drainage plan comply with the storm drainage policy.
4. I
2.13
ilt
3.1
lrrigation water for any and all landscaping shall be obtained from Pioneer lrrigation District sources
Fire Protection: The CFD has no objections to this request.
TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION ON OCTOBER17,2OO2
Steve Hasson, Community Development Director, presented the staff report and outlined the facts as written.
Mr. Hasson stated that the City was requesting the Farwell Auto Body to re-annex approximately 19.93 acres of
land located on Cleveland Boulevard into the City. He noted that this was a City initiated annexation and was
being purposed in accordance to Annexation Category "A'. Mr. Hasson read the Category "A" provisions as
written in the staff report.
Mr. Hasson also noted that the parcel was zoned as M-1 (Light lndustrial) and thus required a special use
permit to continue as a salvage or wrecking yard in the City as a conforming use.
3.3 Ransom Bailey, Applicant's Attorney, signed the comment sheet but chose not to speak
TESTIMONY BEFORE THE CITY COUNCIL ON DECEMBER 2,2002
3.4
3.5
IV
4.1
4.2
Steve Hasson, Community Development Director, presented the staff report and outlined the facts as written
Ransom Bailey, Applicant's Attorney, signed up in favor, chose not to speak, but to be available for questions
APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
Page 3 of 5
12t16t2002
City Council
at
4.3
4.4
V
5.1
5.2
|!:H 3:::: Illl! 36: 3|]!|] Slil?iX',"lr3r#nfu'1,"'0,, corporations' resardins annexations as amended
The request is applicable to the following Comprehensive Plan
Components:
School Facilities and Transportation -
GOAL: To provide the on-going opportunity for school representatives
to participate in the community planning process'
poLlcy 1: lnclude the school districts in the review process when considering land-use proposals' At a
minimum, notice of the hearing for each ;;;dJ shLurd n" prorio"o io tn"-oirtricts and any additional
inioi.rti,i" that the districts might subsequenfly request.
GoAL: To estabrish rand-use management poricies that protect property rights and the environment' maintain a
high quarity of rife, p.rio"
"o"quaie
tana ioi "iiivp".
br o"r"roi[";t ;d adequatery buffer non-compatible
uses.
OBJECTTVES APPLICABLE TO ALL LAND USES:
oBJECTTVE C: To promote growth in areas where pubric facilities and services are readiry available'
Area of CitY lmPact
oBJEcrvE A: To encourage deveropment as a naturar outward progression of the city's corporate boundaries
"na
*itnin areas that can be immediately annexed'
poLrcy 5: Encourage grolvth to occur primar,y as a contiguous outward expansion from the city's corporate
boundaries. Discourige-"hopscotch" development'
GoAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the
needs of the Public.
FINDINGS OF FACT ON CASE NO. ANN 75'02
The city councir accepts the generar facts ouflined in the staff report and. public testimony as well as facts to
incrude: 1) no one is in opposition; 2) th;;;;;;;nditions *iinih" speciar -use
permit and recognition of the
grandfather status oiln" p,iip"rty; 3) ttie affected land owner was in support of this request'
CONCLUSIONS OF LAW ON CASE NO' ANN 75'02
The cardwe, city councir has the authority to hear this request and to make the decision to approve or deny'
the hearing was legally noticed anO conOucieJwithin the guidelines of applicable codes and ordinances'
of Caldwell and Vallivue School Districts
5.4
VI
6.1
vll
7.2
vlll
8.1 Based on the Findings of Fact and Conclusions of Law' the
recommends to the ftf"ayoi anO City Council' that Case No' ANN
;;;;;;;;pproximatelv ie'e3 u"'"" (Farwell propertv) more comm
'C-ltV
"" ftf-i (Light lndustrial) zone is approved'
Planning and Zoning Commission, .hergbV
-ti-oi,l request by tne City o-f Caldwell,to
";ty k;;;" ,! s+t 1 cleveland Blvd' into the
Page 4 of 5
1211612A02
City Council
lx CITY GOUNCIL'S ORDER OF DEGISION ON CASE NO' ANN 75'02
g.1 Based on the Findings of Fact and concrusi""r_ 9f-!1y:.the
cardwe, city councir orders that case No' ANN-75-
02, a request by the city of catdwe, to reannex "ppro*i,ii"jv"i#t;;9t lran,vett property) more commonlv
known as 5411 btevetand etvO. into"inJCit;;M-i it-ignt tnOuitrial) zone is approved'
CASE NO. ANN-75-02 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING HELD
DECEMBER 2,2002.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW Ary? ORDER OF DEC]S]ON WERE APPROVED BY CITY
couNcrl MEMBER., AND srcNEo av'i;xy5n r'rnNco'n6,lii'iEburnnuv scHrouLED MEETING HELD
DECEMBER 16,2002,
Mayor Garret L Nancolas
ATTEST:
DeputY CitY
'erk BettY Jo Keller
ttll t I 09a i;'&6,A t.
OPrr^d&
U IAN 1.
o -- -'
..t
,3.
Page 5 of 5
1211612002
City Council
"N
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BILL NO. 46
ORDINANGE NO. 2450
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY
LIMITS OF THE GITY OF CALDWELL, COUNTV OF CANYON' STATE OF IDAHO' AND
THAT SAID LANDS SHOULD BE nruileXeO TO THE CITY OF CALDWELL' IDAHO' AS
eART oF THE M-1 (LtcHT lNDusrRleil 2oNe osrnl-cr; AND DE-cL{RIIG SAID LANDs
BY PROPER LEGAL DESCRIPTION AS bESCNIEED BEL6W TO BE A PART OF THE GITY
oF .ALDwELL, cANyoN couNli, rDAHo; _ REpEALING ALL ORDINANGES,
RESOLUTTONS, ORDERS OR penrs' THERE6F lN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER ru'rp corvrMUNlTY DEVELOPMENT DIREGTOR TO ADD
SAID PROPERTY TO THE OFFICIAL MAPS OT THE CITY OF CALDWELL' IDAHO; AND
DIRECTING THE CLERK OF THE CITY OT CIIOWELL TO FILE A CERTIFIED COPY OF
THEORDINANCEANDMAPOFTHEAREATOBEANNEXEDWITHCANYONCOUNry'
STATEoFIDAHoANDTHEIDAHoSTATETAxGoMMISSIoN,PURSUANTToIDAHo
coDE, SECTION 63-2219-
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GALDWELL'
GOUNTY OF CANYON, STATE OF IDAHO:
section 1. Thatthe caldwell city council, upon recommendation of the caldwell Planning and
Zoning Commission, and following tne-prnfic'notice and hearing nro99d-u1e9-set forth in Section
10-01-07, Zoning Ordinance No. 145i, approved Case No. AUU-ZS-OZ (Farwell) at a public
hearing held December 2,2002.
Section 2. The property is known as 5411 Cleveland Boulevard, caldwell ldaho' The parcel is
contiguous to the city of caldwell, toano and the applicant has requested that said following
described property shourd be annexeJ into tn" city'of cardweil as an M-1 (Light lndustrial)
zonei
A parcel of land situated in the Northeast Quarter of Section 1' Township 3 North' Range 3
west, Boise Meridian, canyon county,-tdano. said p-arcel includes those tracts described in
lnstrument number 8711923 dated'irlovember 4, igZO anO recorded June 2' 1987 and
lnstrument number g4g324 dated May-1g, tgaz and recorded May 28, 1982, and is more
particularly described as follows:
A parcel of land lying in the Northeast Quarter, Section 1, Township 3 North' Range 3 West'
Boise Meridian, City of Caldwell, C*y;; 6unty, ldaho and more particularly described as
follows: Commencing at the Northeasi "orn";
of the Northwest Quarter of the Northeast Quarter
of said section 1; thence North 89'54',42" West along the North boundary of said Northwest
euarter of the Northeast euarter a diitance of 171.09 feet to a point on-the southwesterly right-
of-way of the oregon shortline nailroao and the REAL POINT OF BEGINNING; Thence along
said right-of-way douth 46' 15'00'Eait a distance o'f 27O.OO feet; Thence leaving said rightof-
way south 41" 45',08" west a distance of 225.97 feet to a point of curvature; Thence along a
curve to the left a distance of 182.50 feet; said curve having a central gngJe of 36' 18',53"' a
radius of 287.g4feet, tangents of g+.qafeet, and a long corl of 179'46 feet bearing South 23"
24' 34' West to a point of tangency; Thence South 05" 1s', 08" west a distance of 920'39 feet;
Thence South 43" 44' 26" West a Oistance o'f 41.37 feet; Thence t'191t! ^46" 15' 12" West a
distance of g0g.74 feet; Thence North 00" 1g'04" East a distance of g07.60 feet to point on the
North boundary of said Northwest Quarter of the Northeast Quarter; Thence along said North
Boundary South 89'54' 42" Easla Oiiiance of 719.52feet to the POINT OF BEGINNING' Said
parcel contains 19.93 acres more or less'
aa b
o
section 3. That the city Engineer and the community Development Director of the city of
Caldwell, ldaho, are hereby instructed i;;designate-.t-he same above described property on
the official zoning map and other area ,rp" of ine City of Caldwell' ldaho as an M-1 (Light
lndustrial) zone.
section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
section 5. This ordinance shall be in full force and in effect from and after its passage'
approval and publication, according to law'
section 6. The crerk of the city of cardweil, rdaho shail, within 10 days foilowing the effective
date of this ordinance, dury file a certin"J .opv of this ordinance and a map prepared in a
draftsman-like manner plainly anO cf""ii, O"iiii''rting-ih9 boundaries of the City of Caldwell'
incruding the rand neiein annlxed, *itn iielorrJ*ing 5tri.irtr of the county of canyon, state of
ldaho, to-wit: the Recorder, Auditor, Treasurer anl Assessor and shall file simultaneously a
certified copy of this ordinance with the state Tax Commission of the State of ldaho' all in
compliance with ldaho Code 63-2219'
pASSED BY THE COUNCIL OF THE CITY OF GALDWELL, IDAHO' this 16th dav of
December, 2002.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL' IDAHO' this 16th dav of
December, 2002.
rurrr'^t{na,^,L
o
Mayor Garret L. Nan colas
ATTEST:
/oel--
Deputy CitY lerk BettY Jo Keller
to C\
I
+
1 \)1 15
f-r
U
I
o o
AGENDA
REGULAR CITY COUNCIL MEETING
DECEMBER 16,2002 -7:00 P.M.
COMMUNTTY ROOMAT TIIE CALDWELLPOLICE STATION
NVOCATION AND PLEDGE OF'ALLEGIANCE TO THE F'LAG.
ROLL CALL.
SPE CIAL PRESENTATIONS.
ADDITIONS ORDELETIONS TO THE AGENDA.
AT]DIENCE PARTICIPATION.
CONSENT CALEITIDAR:
1. Dispense with the reading of the minutes of the Regular Council Meeting of December 2,2002 and
approve as written;2. Approve acceptance of minutes from various Boards and Commissions;3. Approve Order of Decision on Case No. ANN-75-02 @arwell); ,f'4. Approve bid for Water Deparhnent pickup;5. Approve bid for Commercial Hangar - Street Project;6. Approve extension of the B.F.I. Agreement for 90 days, until the l't of March, ,OOl..,
OLD BUSINESS
Continuation of Public Hearing (quasi-judicial) on Case Nos. ZON-25-02 and SUB-78P-02 (Virginia
Park Subdivision #2), requests by Crestline Development, LC, and Heartland Development, LLC for
the following: a rezone of approximately 2.75 acres from C-2 (Community Commercial) to R-2
(Medium Density Residential) zoning; and preliminary plat approval of Virginia Park Sub #2,
consisting of 17 residential and I common area lot on approximately 2.68 acres on the site.
Consider Bill No. 46 pertaining to the Farwell annexation with the request to waive the rules and pass
on the f,rst reading and approve Summary of Publication.
NEWBUSIII'ESS
1. Public Hearing on request by Doug and Barbara Wixom to vacate a portion of South Georgia Avenue.'2. Consider Bill No. 48 to vacate portion of South Georgia with request to waive the rules and pass the
Bill after the one reading by title only.3. Consider Bill No. 47 to amend the Crty Code with regard to International Building Code, Residential
and Energy Conservation Code with the request to waive the rules and pass after the one reading by
title only. '' : "/
4' Consider Bill No. 49 to amend the City Code with regard to the lnternational Fire Code with the
request to waive the rules and pass after the one reading by title only.5. Public Hearing (quasi-judicial) on Case No. SUB-70F-02, a request by Renny Wylie for final plat
approval of ClearwaterPlazato develop 4 commercial lots and one common area lot on approximately
6.70 acres in a C-3 (Seryice Commercial) zone.6. Financial Report. :7. City Council Reports and Mayor's Comments.8. Adjoum.
Next Regular City Council Meeting on January 6,2003 in the Community Room at the Caldwell Police Station at
ll0 -South Fiflh' Any person needing special accommodations to participate in the meeting should contact the City
Clerk prior to the meetingat62l Cleveland Blvd. or call455-3000 i
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AGENDA
REGIILAR CITY COUNCIL MEETING
DECEMBER 2,2002 - 7:00 p.M.
COMMUNITY ROOM AT TTIE CALDWELL POLICE STATION
PTIRSUANT TO IDAIIO STATE CODE, 67-2345, A REQUEST BY MAYOR NANCOLAS FOR ,q.NEXECUTT\aE SESSION AT 6:30 P.M. AT THE coMMrINiTy RooM IN THE cALDwELL pol,rcE
STATION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION.
II{VOCATION AND PLEDGE OF ALLEGIANCE TO TIIE FLAG.ROLL CALL.
SPECIAL PRESENTATIONS.
ADDITIONS ORDELETIONS TO THE AGENDA.
A{.]DIENCE PARTICIPATION.
CONSENT CALENDAR:
1' Dispense with the reading of the minutes of the Regular Council Meeting of November 1Ii,2002 and
approve as written;2. Approve acceptance of minutes from various Boards and Commissions;3' Approve Orders of Decision on Case Nos. ZON-27-02 (Hempel rezone); SI-IB-51(4)F-00 (Southpnrk
Sub. No. 2,Unit No. 4); stIB-46(1)F-00 (weston Pointe No.-1); and SUB-55(4)F-00 (Delaware iark
Sub. No. l, Unit No. 4);4' Approve_Resolrrtion authorizing execution of an Amendment 6 befween the Ciry and Montgomery
Watson Harza for Pre-Design of Wastewater Treatnent Plant Headworks;5' Approve Resolution authorizing execution of Consultant Services Agreement between the City ofCaldwell and Toothman-Orton Engineering Co.;6' Approve bid submitted by Northwest Equipment Sales for a new Low Boy equipment railer for theWater Deparbnent;1' Approve Resolution authorizing execution of Memorandum of Understanding with rhe NampaHighway District;8. Approve iicense request from AB Taxi;
- 9. Approve new Fire Deparlment clothing allowance.
OLD BUSINESS
l Continuation of Public Hearing (quasi-judicial) on Case Nos. ZoN-25-02 and SUB-78p-02 (vir.giniaPark Subdivision #2), requests by Cresttine Development, LC, and Heartland Deveiopmelt, LLC forthe following: .a rezone of approximately 2.75 acres from C-2 (Community commerciai) to R-2(Medium Den|tY Residential) zoning; and preliminary plat approval or virginia park Sub #2,consisting of 17 residential and I common u."ilot on uppio*i-ut"iy z.oa acres on the site.2' Consider Bill No.-45 regarding Hempel rezone wittr request to waive the rules and pass after the onereading by title only and to approve the Summary for puLlication.
NEW BUSINESS
l ' Public Hearlng_ (quasi-judicial) on Case No. ANN-75-02, request by the city of Caldwell to armexapproxrn{ely 1993 ac,tes'(sarrrun}tmotseftf,Bsan,M-t 1tigtotInttustiat) zone.2' Consider Resolution to approve ar Application for Assessment Fund through the Department ofEnvironmental euality for prop erly as s essment.
3 ' Set a Public Hearing for the Regular City Council Meeting on December 16, 2oo2 for the purpose of. discussing fee increases pertaining to solid waste disposal.4' Pursuant to Idaho State Code, -67-2345, u ."qo"rt for an Executive Session for the purpose ofdiscussing pending 1itigation.5. Financial Report.6. City Council Reports and Mayor,s cornments.7. Adjourn.
Next Regular City Council Meeting on December 16,2OA2 in the Community Room at the Caldwell police Stationat 110 South Fifth' Any person needing special accommodations to participate in the meeting should contact thecity clerk prior to the meeting at 62r crivilemd BIvd. or carl 455-300d.
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