Loading...
HomeMy WebLinkAbout1997-01-21city council minutesBook 38 REGULAR MEETING JANUARY 21, 1997 7:30 P.M. The Meeting was called to order by Mayor Winder. The Mayor requested that everyone stand for the Pledge of Allegiance and asked one of the Boy Scouts from Troop No. 299 to lead the Pledge. The Roll of the City Council was called with the following members present: Houchins, Evans, Earl, Langan, and Wells. Absent: Nancolas. (ADDITIONS OR DELETIONS TO THE AGENDA) Mayor winder asked if there were any additions or deletions to be made to the prepared Agenda at this time. It was MOVED by Houchins, SECONDED by Langan to remove Item No. three from the Consent Calendar and move it down to the second item under Old Business and to place Items seven through ten under New Business as the first items under New Business beginning with IA. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and wells. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to speak to the City Council on a matter that was not included on the prepared Agenda. Mr. Greg Ferrell was recognized by the Mayor. He explained that he had a house fire on January 12th and was here to publicly thank the Fire Department. In addition, he expressed his concern as to the number of Firefighters employed at the Caldwell Fire Department. He was told that in 1978, the City Council took two people off each shift which would mean six people were taken off the payroll. Since then, they have never replaced them. Mr. Ferrell further stated that he was here to make a plea to hire six firemen and have them on line by July. The City needs more Firefighters. The Police Department has fifty employees with the Fire Department having only twenty -one employees to fight a fire. Mayor Winder thanked him for his comments and informed him that the City Council has been struggling with this problem for some time. He explained that they were considering asking the citizens for additional funds by holding an override election. At this time, the money was just not in the budget. As yet, the City Council would not agree to this decision. Mr. Ferrell also pointed out that business owners in town have shown their support in an effort to hire more Firefighters. It was also noted that past City Council Members were at fault in not trying to keep up with the pace. Councilman Evans commented that it was important to note that if an override was approved, the City would have to hold another override election in two years. That was one Page 9 Book 38 of the reasons the City Council felt the override was not the way to proceed. Councilwoman Earl further stated that the Finance Committee has been communicating with the Mayor and looking toward next year's budget, prioritizing, and seeing where the funds could come from. They would continue working on the problem with the Mayor. CONSENT CALENDAR Mayor Winder presented the following items on the Consent Calendar for Council consideration: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of January 6, 1997, and the Special City Council Meeting of January 15, 1997, and approve as written; 2. Accept the minutes of the Caldwell Golf Board Meeting of November 12, 1996, and the Caldwell Industrial Airport Meeting of January 9, 1997; 3. Accept a deed from Blaine Harper and Helen Cornell for right -of -way located on the East side of Montana Avenue North of Beech Street: Accept an easement from Blaine Harper and Helen Cornell to give City access to an existing sewer line that runs parallel with and East of Montana Avenue: Approve a Public Improvements Deferral Agreement with Blaine Harper and Helen Cornell which defers the construction of curb, gutter, sidewalks and street widening for property frontage along Montana Avenue; 4. Approve that a Notice of Award be issued to J. S. Construction, the low bidder, to construct a security gate at the Caldwell Industrial Airport; 5. Accept a right of way deed from the Grand Lodge of Idaho, I.O.O.F., for right -of -way to straighten the curve on 16th Avenue across from Feller Trucking; 6. Accept the bid from Central Paving for the Denver -Elgin Street L.I.D. 96 -2 Project; 7. .Accept the bid of Woody's Tree Service for L.I.D. 95 -5 Tree Removal; 8. Approve the application for a new Taxicab License from James Turvey who was buying Caldwell City Cab. Approval was obtained from the City Attorney and the Chief of Police as required by Code. MOVED by Earl, SECONDED by Houchins to approve the Consent Calendar as modified. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED OLD BUSINESS (REPORT ON THE MARILYN MANSON CONCERT) Mayor Winder reported that the Concert was held on the 12th of January at the Events Center. There were no major problems and he was proud of the manner in which City employees handled that issue. There was a great deal of input from the public; some helpful and some was not. The Police and Fire Departments went forward and arrived at conclusions that he believed were in the long range best interest to the community. They did not allow anyone to perform in a manner that was illegal or immoral or otherwise unlawful. They were told up front and informed that if they broke the law, they would be arrested. The Mayor further stated that he hoped the public would have a better understanding in the future of what your employees were going to do for you. Page 10 Book 38 Troy Agema was recognized by the Mayor and spoke briefly about the Concert and distributed some suggestions to the City Council and Mayor with regard to the policy at the Events Center. The Mayor also informed him that rentals were frozen at the Center and no additional bookings accepted through March 20th except for those already in place. A committee of seven people will study this issue and will report back through the Community Services Board to the City Council regarding their recommendation. The City Attorney was requested to draft the judicial rulings that have occurred regarding how a community that has a public facility can manage that facility. This was given to them tonight and will be made available to the Committee. Page 11 (APPROVE AN EASEMENT TO LEROY INGLIS FOR BRIDGE AT PURPLE SAGE GOLF COURSE) Mayor Winder informed Council that Councilwoman Earl would not be taking part in this discussion as she had a conflict of interest. The Mayor continued stating that this matter was dealing with a bridge across the canal at Purple Sage Golf Course so that people who live in the subdivision under development will have access to the Golf Course. This was not a new precedent. Councilman Langan further explained that the Council discussed this issue at the last City Council Meeting and delayed action until this time based on some input from the Golf Board and the Engineering Department. Mr. Langan stated that he did attend the Golf Board Meeting and they unanimously approved having City Council moving forward. It was also noted that the Engineering Department also reviewed the easement and recommended approval. MOVED by Langan, SECONDED by Houchins to approve the easement to LeRoy Inglis for bridge at Purple Sage Golf Course. Roll call vote. Those voting yes: Langan, Wells, Houchins, and Evans. Abstain: Earl. Those voting no: none. Absent and not voting: Nancolas. NEW BUSINESS MOTION CARRIED (PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED ON SOUTH FLORIDA) Mayor Winder stated that Items 7 through 10 were moved up to be considered as the first item under New Business. Those items included a Public Hearing on annexation, zone change, Comprehensive Plan designation, and a hearing on a Special Use Permit. - A group of homeowners opposing this matter obtained an Attorney, Bill Gigray, III, who wrote a letter to the City Council and Mayor informing them of technical items that he felt were wrong with the process when heard by the Planning and Zoning Commission. The letter was reviewed by the City Attorney and he has been requested to present his observations at this time. Richard Harris, Attorney at Law, stated that last Friday Mr, Christopher delivered to him a packet of documents. He reviewed those papers and in his view, the matter needs to be remanded back to the Planning and zoning Commission to conduct a new hearing. Mr. Harris further stated that he intended to provide the Commission with a Book 38 letter of instruction as to what they need to do in order to arrive at a clearly legal decision and then he would presume it would come back to the City Council. In any event, he did think the proceedings were somewhat irregular. He would recommend that the City Council remand it to the Commission and he would provide the Commission with a letter of instruction as to how they were to conduct the next hearing. The Mayor said that the issue we have here was that the property owners out there, the people who want to do this development, have legal rights the same as you folks who were opposed to it. They have not been given full accord by the Planning and Zoning Commission. The procedures of the Planning and Zoning Commission followed were, in some cases, not proper and we simply need to send it back to the Commission. I did also mention earlier that there was an item on the Agenda, the last item under New business, which calls for a discussion of the Planning and Zoning Commission. We intend to discuss the entire matter of the Planning and Zoning Commission. There was no law that says we have to have one. However, we do have to provide that kind of service and if it was not done by the Planning and Zoning Commission, then the Governing Body was required by law to do that. That would mean that the City Council would have to take that on. That issue will be discussed later. A motion from the City Council to remand this matter for further consideration was needed at this time. Susan Mattos, an Attorney licensed to practice law in the State of Idaho with offices in Star, was recognized by the Mayor. Ms. Mattos stated that she represented the applicant and she was certainly aware of the issues which were raised in her letter of appeal to the City Council. There were some major irregularities with what happened. On behalf of her client, she said she would have to express a concern that even with this remand, that these folks get a fair and honest treatment of this particular matter before the Commission. She would hope that in the letter of instruction, there was a strong recommendation that this not only be handled procedurally correctly, but there be a serious consideration of this evidence. it was not seriously considered at the last Hearing. Ms. Mattos further stated that she had a second concern which was with regard to scheduling. If, in fact, there was a determination to eliminate the Planning Commission, the problem would be when it would come back before the City Council. She was heading into trial and was also going to be out of State for part of February. Therefore, there would be a request that it be scheduled as soon as possible and that they select a date certain tonight. Then the people here including the applicant would have a date certain and if arrangements could be made tonight for a facility sufficient to hold those who wish to be heard and perhaps, have some efficiency in this matter. Mayor Winder commented that he would like to remind the public that a Public Hearing was not a debating society. It was an opportunity for information, for legal issues to be raised with the City Councils We were dealing with an issue that was defined by the courts as a Quasi Judicial proceedings. It requires that people who participate swear or affirm that the information they were going to provide was the truth and honest and that they will not provide irrelevant, immaterial or repetitious testimony. Once a concern was expressed, it was on the record. He didn't want another hundred people getting up and saying the same thing. If statements were made, they need to backed up with facts and not just opinions. As we go through this process, that would be the kind of process they would hold everyone to. It was Page 12 Book 38 Page 13 a process that the courts say has to be followed in order to have a fair hearing, one that protects the property rights of the people who were involved in trying to do the development and then those of you who were property owners that would be impacted by the result. It was just a matter of fairness. William F. Gigray, III, Attorney at Law, was recognized. Mr. Gigray clarified that he represented approximately forty property owners that were protestants for the application that was before the Council. He filed a pre - hearing motion which the Mayor alluded to and he believed that the Mayor and Council understood what their position was as the brief was filed in support of it. Mr. Gigray further said that he agreed with the recommendation of the City Attorney that it does need to be remanded. It was their position that the most serious question was the lack of Findings of Fact and Conclusions of Law and recommendations of the Planning and Zoning Commission that needs to be a stand alone document addressing all of the relevant issues of the application and most seriously to the issue to the zoning designation, the Comprehensive Plan change, and the Special Use Permit Application and probably less serious, the annexation. we also believe that there were insufficiencies in that the true owner of the property has not joined in the application which we feel he was legally required to do. The remand will allow for those matters to be taken care of. In addition, Mr. Gigray noted that with regard to the matter of scheduling, it would probably be under the control of the Planning and Zoning Commission. The remand would go to them and they would have to take it up at that time. That will be a matter of the City's Bylaws and how it was set up. Mayor winder stated that the recommendation from the City Attorney was to remand this matter for further consideration by the Planning and Zoning Commission or such other body that has the authority to handle the matter. MOVED by Houchins, SECONDED by Evans to remand this matter for further consideration by the Planning and Zoning Commission as recommended by the City Attorney. Councilwoman Earl noted that she would be abstaining from voting as she had a conflict of interest. Roll call vote. Those votin Langan, and Wells. Abstain: none. Absent and not voting: The Mayor requested a brief recess reconvened at 8:15 p.m. g yes: Houchins, Evans, Earl. Those voting no: Nancolas. MOTION CARRIED at 8:00 p.m. The Meeting was (PRESENTATION OF THE 1996 FISCAL YEAR AUDIT REPORT) Bruce Muir, a member of the Audit Committee, was recognized by the Mayor. Mr. Muir reported that the Audit Committee has reviewed the information presented by the auditing firm of Salukoff, Lindstrom and Company of Boise. Questions were asked and they had the opportunity to receive their explanations. At this time, the Audit Committee would present to the City Council that the audit appears to be in full accordance with the interest of the City of Caldwell and would recommend that the City Council accept the audit as presented. Book 38 Page 14 MOVED by Earl, SECONDED by Langan that the City Council accept the Audit Report for the fiscal year 1996. Councilwoman Earl commented that she would like to publicly thank the Audit Committee, the firm of Balukoff, Lindstrom and Company, and the Finance Director, Evee Kiler. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (REAPPOINTMENT OF THE CITY ATTORNEY FOR 1997) The Mayor stated that the next item on the Agenda was the reappointment of Richard Harris as the City Attorney for 1997. Mr. Harris has been the City Attorney for more than a year and performed duties requested in a credible manner. As a result, he was asking the City Council to reaffirm him for a one year appointment under basically the same terms and conditions that existed for the past year. MOVED by Evans, SECONDED by Earl to reappoint and approve the contract for Mr. Harris as the City Attorney for the period of January 1, 1997, to December 31, 1997. Roll call vote. Those voting yes: Evans, Earl, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS FOR THE NEW YEAR) Mayor Winder recommended to the City Council the following appointments and reappointments and asked for their approval: AIRPORT Reappoint Budd Kehne 1/1/97 - 12/31/00 COMMUNITY SERVICES Reappoint Marlen Luff 1/1/97 - 12/31/00 Reappoint Tony DeMark 1/1/97 - 12/31/00 Appoint Al Salazar to fill unexpired term of Dwight Comfort to 12/31/99 Appoint Ron McWilliams to fill unexpired term of Jeanette Callsen to 12/31/99 GOLF BOARD Reappoint Pete Cowles 1/1/97 - 12/31/00 HOUSING AUTHORITY Reappointment of David Cornwell 1/1/97 - 12/31/01 HISTORIC PRESERVATION Appoint Sylvia Tag 1/1/97 - 12/31/99 to succeed Carol Burbank Appoint Ed Allen 1/1/97 - 12/31/99 to succeed Roy Payne Reappointment Bill Gigray 1/1/97 - 12/31/99 LIBRARY BOARD Durand Marcus 1/1/97 - 12/31/01 to replace Josephine Miller SENIOR CITIZEN CENTER COMMISSION Appoint Ray Keck 1/1/97 - 12/31/99 Appoint Bob Trunnell 1/1/97 - 12/31/99 Reappoint Leonard "Pete" Hanold 1/1/97 - 12/31/99 It was MOVED by Houchins, SECONDED by Earl to approve the appointments and reappointments as recommended by the Mayor. Book 38 Councilman Langan complimented those who were willing to volunteer to serve on these Board and Commissions. He also stated that he would encourage them to attend their meetings regularly. Mayor Winder noted that most of the groups have a policy stating that if they miss three consecutive meetings, they were to be replaced. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (CITY COUNCIL ASSIGNMENTS FOR THE YEAR 1997) The Mayor presented them as follows: Jerry Langan - Community Services Advisory Board and Planning and Zoning Commission. Garret Nancolas -- Airport Commission and Golf Board. Rita Earl - Finance Committee and Community Services Advisory Board. Dan Evans - Planning and Zoning Commission and Finance Committee. Rick Wells - Housing Authority and Historic Preservation Commission. Chuck Houchins - Library Board and Senior Citizens Center Commission. (DISCUSSION WITH IDA -ORE PLANNING AND DEVELOPMENT) Mayor Winder informed Council that Phil Choate, the Executive Director for Ida -Ore Planning and Development, was in attendance and asked if he could address the Council at this time. Mr. Choate informed Council that he was present representing Ida -Ore tonight to speak about the progress they were making on the small business incubator called the Center for Entrepreneurial and Economic Development in Caldwell. They have made progress this first year with the location of three firms and the prospect of a fourth firm. In addition, they have two tenant applications pending and just about filled up office space that was available. The prospect for exceeding seventy percent occupancy lies with a new tenant applicant that will be considered before the end of next month. They were working on their application now and if the firm grows as projected, we will more than exceed the job creation objectives originally set. Mr. Choate reported further that the food processing has begun operation and some of the products were showing up in the local grocery stores. Mr. Choate stated that he did present to the Council copies of a draft proposal concerning a request to the Rural Development Administration of U.S.D.A. They have an application that they would like to submit on the City's behalf to further support the small business incubator for $75,000. The matching funds would come out of the incubator itself and there would be no additional cost to the City. You would essentially be asked to serve as the grant applicant and grant administrator and working in partnership with Ida -Ore in implementing the project. We were soliciting your support for this application. MOVED by Houchins, SECONDED by Langan that the City Council give direction to the Mayor and his Staff to move Page 15 Book 38 forward so that all of the necessary papers were filed in time for this Grant in cooperation with Ida --Ore. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Page 16 (PUBLIC HEARING FOR A ZONE CHANGE AND COMPREHENSIVE PLAN MAP AMENDMENT ON SOUTH TENTH SOUTH OF USTICK REQUESTED BY J.B. FARMS) Mayor Winder introduced this Public Hearing stating that the applicant was J.B. Farms represented by Harmon Johnson and Don Brandt located at 203 11th Avenue South in Nampa. This was the time and place set for the Public Hearing on the zone change and the Comprehensive Plan map amendment request. Anyone desiring to testify must sign up on the appropriate sign -up sheet either in favor or against. The request was for a zone change from R -1, Single Family Residential to R -3, Multi - family Residential and a Comprehensive Plan Map change to reflect that zone change. The applicable sections of the City Code were the Zoning Ordinance, Sections 10- 01-03, 10- 01 -07, and 10 -03 -03 and the Comprehensive Plan, Pages 21 - 23. The Mayor further explained the procedure for holding a Public Hearing after which he opened the Public Hearing and asked the City Clerk to swear in those who were signed to testify. Council determined that they would not limit the time allowed for each participant. The applicant, Don Brandt, 1811 West Greenhurst in Nampa spoke in favor of this zone change and Comprehensive Plan map amendment on South Tenth south of Ustick requested by J. B. Farms. Mr. Brandt stated that their intended use was assisted living or multi - family and would require a Conditional Use Permit under the Commercial use they originally applied for. At the City's request, it was sent back to the Commission to have a Comprehensive Plan change and rezone to R -3 which would fit the use. Mr. Brandt briefly explained the project and answered several questions from the City Council. Peggy Miller, 616 East Ross Lane, and Bruce Allcott, 906 East Ustick Road, spoke in opposition to the request. There was considerable discussion with regard to the uses of this property in the future and the uses in a R -3 zone, buffer zones, and contract zoning. The tape will be on file in the Office of the City Clerk for six months and available for anyone caring to review it. At the conclusion of the testimony, the Mayor asked Mr. Christopher, the Assistant Planner, to present the Staff Report. Mr. Christopher stated that he was bringing before the City Council a Comprehensive Plan amendment and a zone change request. The applicant was J.B. Farms, represented by Harmon Johnson and-'Don Brandt. The site was located approximately nine hundred feet south of Ustick Road and on the east side of Tenth Avenue. The facts pertaining to this request were that the legal notification requirements were met and were part of the file, Comprehensive Plan designation was currently Low Density Residential, the property was currently zoned R- 1, Single Family Residential, the Comprehensive Plan zoning ordinance sections have been identified in the Staff Report. The Planning and Zoning Commission met on October 17, 1996, to hear this request. The Commission determined that a zoning of R -3 was appropriate for this Book 38 location and Comprehensive Plan Map amendment to High Density Residential was included in this request. The Commission was forwarding the recommendation to the City Council for approval of the zone change from R -1 to R -3 and a Comprehensive Plan Map amendment from Low Density Residential to High Density Residential for J.B. Farms. A sample Ordinance and Resolution were provided for in the Council's packets. _.. In addition and in answer to Councilwoman Earl's question, Mr. Christopher stated that 90 to 95% of all R- 3 property in the City of Caldwell was already developed. There were no large parcels available. Mayor Winder asked if there was any rebuttal at this time. Mr. Brandt commented briefly with regard to the development of the property and the uses allowed and the buffering. Since there was no one else to testify, the Mayor noted that the evidence to be included in the record was the Staff Report and testimony. MOVED by Earl, SECONDED by Evans that those two items be included as a part of the record. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED At the request of the Mayor, the Findings of Fact and Conclusions of Law were outlined by the City Council as follows: Councilman Evans stated that the change from R- 1 Single Family to R -3 Multi - Family High Density Residential designation prevents a certain amount of urban sprawl; the property was purchased in 1993 and since then many changes have occurred throughout Caldwell including this area's property which was now scheduled to receive City services so that it can finally be developed; Idaho Law does not provide for contract zoning; legal notification requirements have been met and were a part of this file; the Comprehensive Plan designation for Low Density Residential has been noted; the property presently was zoned R -1 Single Family Residential; the parcel that was being considered consists of approximately 2.7 acres; South Tenth Avenue was classified as a minor arterial on the Caldwell Functional Street Classification Map; and all notifications that were required to hold this Public Hearing were met. Councilwoman Earl added: The Comprehensive Plan Land Use Sections, pages 21 - 23 recognizes and pertains to this being rezoned; in addition to providing buffering in R -3 Zone, it also provides an area for multi - family type uses going from a four plex on up; it was the City's responsibility to provide varied areas within the City boundaries to be able to accommodate people of varying incomes and lifestyles to make sure they have appropriate housing; the following sections of the Zoning Ordinance pertain to and support the application; Section 10- 01 -03, Section 10- 01 -07, and Section 10- 03 -03. Councilman Langan added: The City Council took input during this hearing from the developer in favor of the proposal and from citizens in opposition to the zone change. Page 17 Conclusions of Law: Councilwoman Earl stated that based on the Findings that have just been presented and the Book 38 supporting sections of the Comprehensive Plan Land Use Section and the Zoning Ordinance, that it was appropriate to approve the rezoning of this property from R -1 to R -3 Councilman Langan added: The City Council was authorized by Code to rezone this property from R -1 to R -3. Councilwoman Earl further noted: This was a Quasi - Judicial matter on the part of the City Council and. not a legislative one and that we have met all of the requirements for that. Councilman Langan: This Public Hearing was advertised as was indicated in the Findings of Fact and done according to Code. MOVED by Earl, SECONDED by Evans to accept the Findings of Fact and the Conclusions of Law as presented. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Again, the Mayor reviewed what was under consideration at this time which included a zone change from R -1 to R -3 and a Comprehensive Plan Map amendment change. MOVED by Houchins, SECONDED by Earl to close the Public Hearing. Councilwoman Earl commented that she has been working with the City since about 1990 with the Comprehensive Plan. One of the issues that has always come up was the lack of zoning for R -3 uses within the community. She believed that it was very important that the City take more of a responsibility in providing those areas for the public. The Comprehensive Plan does state that single family residential uses usually take care of themselves. It was the medium and high density that need the support and consideration of the Planning and Zoning Commission and the City Council. There were no areas in the City that someone can come in and put a multi - family type development. Mrs. Earl further stated that she would ask Council to recognize this and start working towards providing those appropriate areas. She also asked. the City Attorney if the City as the applicant rezones property, do they have to wait four years before requesting a rezone and further, was it true that a property owner always has the right to come in at any time and request for a rezone. Mr. Harris, the City Attorney, answered that any time a rezone was made for a given piece of property, there has to be a six month waiting period before the next application can be entertained. He also stated that the City does have a period of time before they can reapply. The Mayor also asked the Attorney that if you could only rezone one parcel every six months, do we have the right to rezone more than one parcel every six months as long as we do it at that period. Is that correct? Mr. Harris stated that this was correct, but if an application was made to rezone property, you would have to wait six months before you could make a new application to rezone that same property. Roll call vote. Those voting yes: Houchins, Evans, Earl Langan, and Wells. Those voting no: none. Absent and not voting: Nancolas. Page 18 MOTION CARRIED Book 38 Page 19 The Public Hearing was closed by the Mayor. (CONSIDERATION OF BILL NO. 1 FOR THE ZONE CHANGE ON SOUTH TENTH) The Mayor read Bill No. 1 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -3 (MULTI - FAMILY HIGH DENSITY RESIDENTIAL); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Earl, SECONDED by Houchins that this be considered the first reading of Bill No. 1. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Mayor Winder noted that the Resolution for the Comprehensive Plan change would be considered after Bill No. 1 was passed. (RESOLUTION TO APPROVE AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT AS REQUESTED BY MONTGOMERY- WATSON, INC.) Mayor Winder explained that this was a proposed Amendment No. 1 to an Agreement for engineering services with Montgomery- Watson, Inc. who were contracted to prepare a Facility Plan for the City's Wastewater Treatment Plant. After they completed about 80% of the work and submitted a preliminary draft of the plan, the City Engineer requested they place the project on hold to give him time to review their work in detail. In November, he contacted Montgomery - Watson again and informed them of issues he felt needed further investigation and requested a cost estimate for the additional work. Their submittal includes requests for cost adjustment for items not included in the original scope of work and for wage inflation. The requested adjustment was $23,000. The adjustment appears to be justified. It was the City Engineer's recommendation to pass the Resolution authorizing execution of the amendment. The Resolution was presented by the Mayor as follows: BE IT THEREBY RESOLVED By the Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Amendment, known as "AMENDMENT NO. 1 ", to that certain Agreement by and between said City and Montgomery -- Watson Americas, Inc., dated June 2, 1994, known as "AGREEMENT FOR ENGINEERING SERVICES TO PREPARE THE CITY OF CALDWELL WASTEWATER FACILITIES PLAN ", which amendment and Agreement are attached hereto and made a part hereof, as if set forth in full. MOVED by Earl, SECONDED by Langan that the Resolution be passed as presented by the Mayor to authorize the execution of an amendment to Professional Service Agreement as requested by Montgomery- Watson, Inc. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Book 38 Page 20 (ACCEPT ASSESSMENT ROLL FOR L.I.D. 95 -4 AND SET THE PROTEST HEARING) Mayor Winder stated that the next order of business was to accept the Assessment Roll for L.I.D. 95 -4 and set the Protest Hearing. This was a voluntary L.I.D. to cover costs of sewer and water connection fees. The date for the Protest Hearing was Monday, February 3, 1997. MOVED by Houchins, SECONDED by Langan to accept the Assessment Roll for Local Improvement District 95 -4 and set the Protest Hearing for February 3, 1997. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (SET A DATE FOR AIRPORT MASTER PLAN WORKSHOP) The Mayor informed Council that the City Engineer has requested a workshop with regard to the Airport Master Plan. The suggestion was that this workshop be scheduled on February 3rd, 1997, at 6:00 p.m. just prior to the regularly scheduled Council Meeting. MOVED by Langan, SECONDED by Earl the date of February 3, 1997 at 6:00 p.m. be scheduled as a workshop for the Airport Master Plan. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (RESOLUTION TO AUTHORIZE RENEWAL OF A FARM LEASE AGREEMENT WITH GEORGE NISHITANI FOR CITY OWNED PROPERTY ADJACENT TO THE CALDWELL MUNICIPAL WASTEWATER TREATMENT PLANT) The Mayor explained that Mr. Nishitani has been leasing this property adjacent to the Caldwell Municipal Wastewater Treatment Plant since 1988. It contains 11.5 farmable acres. The lease has been beneficial to both Mr. Nishitani and the City as he has taken care of the property by keeping that portion he does not farm clear of weeds, trash, or junk. The Mayor advised Council that his recommendation would be to approve this renewal of the lease. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE RENEWAL OF A FARM LEASE BETWEEN THE CITY OF CALDWELL AND GEORGE NISHITANI BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, Idaho, be and the same hereby are, authorized to execute that certain renewal of Farm Lease Agreement attached hereto and made a part hereof between the City of Caldwell and George Nishitani for the purpose of farming City property adjacent to the Caldwell Municipal Wastewater Treatment Plant. MOVED by Evans, SECONDED by Houchins to pass the Resolution authorizing the execution of the renewal lease with George Nishitani. Roll call vote. Those voting yes: Evans, Earl, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting. Nancolas. Book 38 Page 21 MOTION CARRIED (RESOLUTION TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TOOTHMAN -ORTON FOR AIRPORT PROJECT) Mayor Winder informed Council that two years ago the City of Caldwell prepared plans for taxiway rehabilitation at the Caldwell Industrial Airport We also had a grant approved for the project from the F.A.A. This was a continuation of that. The City Engineer recommended to the City Council and the F.A.A., that Toothman -Orton be awarded a contract for the proposed work. The proposed Agreement was available for inspection in his office. The Resolution was as follows: BE IT HEREBY RESOLVED, by the Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Agreement, known as "PROFESSIONAL ENGINEERING SERVICES AGREEMENT" by and between said City and Toothman -Orton Engineering Company, which Agreement is for design, administration and construction management services for Airport Improvement Project 3 -16- 0045 -09, conditioned on approval of the Agreement by the Federal Aviation Agency, and which Agreement is attached hereto and made a part hereof as if set forth in full. MOVED by Houchins, SECONDED by Earl that the Resolution be passed authorizing the execution of this Agreement with Toothman -Orton Engineering Company. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (DISCUSSION REGARDING THE PLANNING AND ZONING COMMISSION) Mayor Winder stated that this item on the Agenda was to discuss the Planning and Zoning Commission. The Mayor noted that this has been a long standing issue and he was sorry that it has gone on so long as it has been very detrimental to the community. We find that the Commission has made decisions that were not based on fact, do not follow the proper procedures to arrive at their conclusions and when it comes to the Council, they have to send it back to the Commission. It just was not the right way to do business. If the Commission was not able to do it's job, they need to ask for help. He believed the City Council needed to look at this, the public needed to be involved in this discussion, and those who have dealt with the Commission need to come forth and tell us what they think. This matter was discussed at some length. Councilman Evans, one of the liaisons to the Planning and Zoning Commission, presented some thoughts and suggestions with regard to this matter which included the following: It was his observation that the Members of the Planning and Zoning Commission mean to do well and the problem has been a lack of information that translates over into knowledge and confidence and a certain level of expertise. He suggested holding a workshop where the Commission and Council could talk about the situation and try to form some definite ideas to help. The Mayor commented that on two different occasions he sent the City Attorney to help them with the legal proceedings including how to hold a public hearing, what they can base their decisions on, the fact that they were conducting a Quasi Judicial hearing and cannot let their opinions enter into the decision, but must base the Book 38 decision on law and facts. Three outside professionals came in to meet with them a few months ago and spent a good deal of time with them. Robert Vasquez met with them more than once. It was also found that they were not swearing in the witnesses which was required in a Quasi Judicial situation. He felt the public was being damaged and the Commission should be providing the services the public needs. Councilman Wells noted that the Commission used to swear in those requesting to testify but discontinued this practice when the former Director was hired. Again, the City Attorney stated that they cannot give testimony without being under oath. The discussion continued among the City Council Members and the Mayor. Councilman Wells noted that he would like to have some time to study this issue. The Mayor stated that they do not have to make a determination tonight. However, there has to be a decision with regard to the issue on South Florida as to whether it would go back to Planning and Zoning or come to the City Council. As long as there was a Commission, the Mayor stated he understood that it would have to be remanded to them. The City Attorney informed Council that in the material Mr. Christopher gave him, he made the determination that there were irregularities that occurred during the course of that proceeding which rendered the appeal to the City Council premature and improper. As long as there was a Commission, his recommendation to the Council was that the appeal presently before the Council be remanded so that the Planning and Zoning Commission can conduct a hearing in conformance with the legal requirements so that those irregularities could be corrected. If there was not a Planning and Zoning Commission, the City Council would have to act as the Commission. Mayor Winder also pointed out that the City Council does have the authority to dissolve the Planning and Zoning Commission if they choose to do so. They do have to do it for cause. After further discussion, several members of the audience addressed the City Council including the following: Paul Bull, 2805 Pisces, who briefly commented on the Florida issue, that the people would like Caldwell to grow residentially, and that he would be willing to pay additional taxes. Mr. Bull also stated that he wanted to go on record that he believed the Planning and Zoning Commission was doing a fine job. Richard Sumter, 3602 South Florida, stated that he could see a lack of commitment on the part of the Planning and Zoning Commission. Harmon Johnson, one of the developers and partners of J.B. Farms, was recognized and stated that he would like to go on record as to how much he appreciated working with the Caldwell Staff. Also, that the times he has appeared before the Council and the Mayor, he was treated more than fair and courteous. The only time he felt he was not treated fairly or not listened to was from part of the members of the Planning and Zoning Commission. Others speaking included Terry McCue, 2807 Pisces Drive; Don Brandt; Thelma Carpenter; and Peggy Miller. Page 22. At the conclusion of the discussion, the Mayor informed Council that they needed to make a decision as to how to handle the issue on Florida. They need to determine if it should be remanded back to Planning and Zoning Commission or whether they do something else.. Book 38 Councilwoman Earl noted that she would be abstaining totally. Councilman Houchins inquired that if it was remanded back to the Commission, could they request that the City Attorney be present at their meeting. The Mayor stated that they could remand it and the Attorney could prepare instructions to the Planning and Zoning Commission on how to conduct themselves and reach decisions. Mayor Winder further stated that the Planning and Zoning Commission has never requested that the City Attorney be present. MOVED by Langan, SECONDED by Wells to remand the issue on South Florida back to the Planning and Zoning Commission and have the Chairperson of the Commission decide up front whether they want Mr. Harris to be there and what kind of assistance they might need in the process. Roll call vote. Those voting yes: Langan, Wells, Houchins, and Evans. Abstain: Earl. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Mayor Winder asked the Commission to please work with the Attorney, outline procedures to follow, and do it legally. (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee reviewed current accounts payable in the amount of $380,778.21 for the period ended January 15, 1997, and a net payroll of $105,769.74 for the pay period ended January 4, 1997. MOVED by Earl, SECONDED by Langan that accounts payable in the amount of $380,778.21 represented by check numbers 50850 through 51034 and payroll for the amount of $105,769.74 represented by check numbers 57482 through 57577 and direct deposit stub numbers 4863 through 4951 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (COMMITTEE REPORTS) Councilman Langan reported that the Golf Board agreed that all budget considerations will be done during the budget cycle. Councilwoman Earl attended the Community Services Board where they discussed the four plex baseball field out by Simplot Stadium, the Finance Committee has been working with the Audit Committee, discussed with the Mayor having a budget workshop on 7:00 p.m. on February 10th. It was agreed to this time and the public was welcome. Councilman Evans attended the Planning and Zoning Meeting where they had an election of officers. Bill Roos was the new Chairman, Mike Nachtigall was the vice Chair, and Sonia Huyck the Secretary. Councilman Wells reported that the Historic Preservation Commission was working on lighting for the Depot. Over Page 23 Book 38 Page 24 fifty percent of the Phase III Project at Farmway Village was complete. (MAYOR'S COMMENTS) Mayor winder stated that as Mayor of the Community for the past three years, it has been his goal to improve City Government, involve more people in the City Government and have you tell us what you want the City Government be. A strategic planning process was started in December of 1993 and so far two hundred people in the community have been willing to take their time and participate with us in planning what they want their town to be. The reason we have not gone forward and finished the plan was because it was not his plan and can't be. It has to be our plan collectively. All have to participate in that process. We do need unity in this Community and a sense of purpose. Please participate as we need your help. (ADJOURNMENT) MOVED by Evans, SECONDED by Earl that since there was no further business, the meeting was adjourned at 11:15 p.m. Roll call vote. Those voting yes: Evans, Earl, Langan, Wells, and Houchins. Those voting no none. Absent and not voting: Nancolas. MOTION CARRIED The next Regular City Council Meeting was on February 3, 1997, at 7 :30 p.m. APPROVED AS written THIS 3rd DAY OF February , 1997, ATTEST: City Cdr