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HomeMy WebLinkAbout2003-01-21city council minutesREGULAR MEETING JANUARY 21, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Chuck Wigton of the First Christian Church. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. Councilman Hopper stated that he would like to add Item No. 13 to the Consent Calendar. This was a Resolution No. 10 -03 recognizing Caldwell's responsibility to help in creating and maintaining a civic environment in our Community. MOVED by Blacker, SECONDED by Callsen to add Item No. 13 as requested by Councilman Hopper. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED SPECIAL PRESENTATIONS. Mayor Nancolas acknowledged the presence of Mr. Don Downen and noted that it was a privilege to have Mr. Downen in the audience tonight. The Mayor stated that he would like to take a moment to describe what this gentleman has provided for our Community. There was a lot of boards, committees and commissions that make this Community go around and were very important. The Caldwell Housing Authority has been in existence for many decades and actually was one of those committees that was required if the City was to get funding for many federal projects. The Caldwell Housing Authority was one of those institutions that makes sure that we have a fair housing policy and the rules that we need to govern fairness throughout our Community were followed such as Farmway Village which was under the jurisdiction of the Caldwell Housing Authority. Mr. Downen has been a member of that Committee for thirty -three years and chaired the Committee most of that time. He started in January of 1969 and we accepted his resignation December 31, 2002. On behalf of the Council and the Community, we will be forever indebted to you for your very conscientious support and leadership of that organization. There were many citizens in the Community who have no idea how much they have benefited from your leadership. You have left a mark on the Community that will be remembered by many. The Mayor stated it was their pleasure this evening to give to you a plaque that simply says, " In appreciation of your outstanding dedication and commitment to the Caldwell Housing Authority presented to you this day in January, for the dates January 1, 1969 through December 31, 2002." The Mayor also informed him that there was a gift that he would be receiving very soon. AUDIT REPORT. Mayor Nancolas noted that the City has just completed another fiscal year that ended on September 30, 2002. Several months after that date, the City was completing an audit to be sure that the City follows the rules and regulations that were prescribed by Law. The Audit Report was prepared and ready to be presented to the Council. Elaine Carpenter, Chairman of the Audit Committee, 1102 Grant Street was recognized and stated that it was her pleasure to again serve on the Audit Committee. The Audit Committee met on January 8, 2003 with representatives from Balukoff, Lindstrom and Company, members of the Finance Department and Councilman Wells. The financial statements were reviewed, audit findings and management points. We were pleased to see that the City's financial position remains strong with adequate cash and fund balances. The discussion also included the Finance Department's progress in implementing new accounting software. We appreciate the direction the City has taken in expanding safety services, developing parks, inviting commercial development and in supporting the YMCA for the Caldwell citizens. It was her pleasure on behalf of the Committee to present the Mayor and Members of the Council copies of the Audit Financial Statement and Management Report for the year ended September, 2002. Lee Miller, representing Balukoff, Lindstrom and Company addressed the Mayor and Council with regard to the Audit. He reviewed several areas of the report for their benefit and indicated that it was a very good report. E1Jay Waite, the Finance Director for the City of Caldwell, explained the various activities that take place in preparing the Audit and informed the Council and Mayor that the City was financially healthy. It was then MOVED by Callsen, SECONDED by Ozuna to accept the Audit Report as presented. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION. The Mayor asked if there was anyone in the audience who cared to address the Council at this time. Since there was no one, the Mayor declared that the meeting would continue as outlined. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with the reading of the minutes from the January 6, 2003 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Library Board and the Caldwell Golf Board Meeting of November 20, 2002; 3. Approve the City Council Appointments as follows: Jim Dakan, Senior Board; Dennis Callsen, Finance Committee and Urban Renewal; Rick Wells, Historic Preservation, Airport and Audit Committee; Shannon Ozuna, Golf Board; Rob Hopper, Housing Authority, Audit Committee and Core Area Design; Jim Blacker, Economic Development and Finance; 4. Approve the following Resolution: A RESOLUTION FOR THE PURPOSE OF DESIGNATING CERTAIN PROPERTY AND STRUCTURE AS DETERIORATING IN NEED OF GRANT FUNDING FOR REHABILITATION PURPOSE. WHEREAS, The train depot is in need of rehabilitation/restoration as a vital historical feature in the Caldwell downtown area; and WHEREAS, The Community Development Department has requested approval be given to procure funding for the renovation of the train depot through all possible funding sources; and WHEREAS, Funds for immediate repairs to the deteriorating roof and matching funds for a Idaho Transportation Grant has been approved by the Urban Renewal Committee. BE IT RESOLVED That the Mayor and City Council of Caldwell, Idaho designate the train depot located at 701 Main Street as a restoration project with the Community Development Department directed to take action as necessary to pursue needed funding. 5. Approve Order of Decision on Case No. SUB- 24(5)F -98, a request for final subdivision plat approval for Ashton Hills No. 5; 6. Approve Order of Decision on Case No. SUB- 59(1)F -01, request for final subdivision plat approval for Stone Creek No. 1; 7. Approve Order of Decision on Case No. OA- 46 -02, request by Community Development to adopt new rules and procedures for annexations; 8. Approve request for a taxicab license for A -1 Stop and Go in Caldwell; 9. Approve acceptance of low bid submitted by Wallace Brothers for the demolition of the old Police Station; 10. Approve the following Resolution regarding request by Lynn Meyers for a 90 day extension for sidewalk repair: WHEREAS, Resolution No. 81 -02 was passed in accordance with City Code, Section 05- 01-03 requiring sidewalk repairs to be made at the property located at 708 Main Street in Caldwell, Idaho; and WHEREAS, The owner of the property at 708 Main Street has been notified and given sixty (60) days to replace or repair the sidewalk at said property in accordance with City Code, Section 05- 01 -03; and WHEREAS, the sixty (60) day period given to the property owner to conduct said sidewalk repairs expired on January 7, 2003; and WHEREAS, The owner of the property at 708 Main Street has sent correspondence dated January 3, 2003 requesting a ninety (90) day extension of time to conduct said sidewalk repairs; and WHEREAS, The owner of the property at 708 Main Street, upon submittal and approval by the City of Caldwell, is requesting the use of a certain product and design in order to conduct said sidewalk repairs; BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho that the owner of the property at 708 Main Street is hereby granted a ninety (90) day extension of time to replace or repair the sidewalk fronting said property to a safe, non- hazardous condition in accordance with City Code, Section 05- 01 -03. As a condition of this extension, the property owner shall submit product and design specifications to be reviewed by the City of Caldwell for approval. If said property owner does not conduct the repairs within the ninety (90) day extension period, the City of Caldwell will repair said sidewalk by contract and assess the cost of the repair to the property owner. 11. Approve Resolution authorizing an Addendum to the Curtis and Jacqueline Kusch Airport Lease by adding Gordon Reich to the Lease; 12. Approve Resolution authorizing the Mayor to execute an Addendum to a Joint Exercise of Power Agreement with Canyon School District No. 132 and approve acceptance of a quitclaim deed for public roads and street purposes; 13. Approve Resolution recognizing City Council's responsibility to help in creating and maintaining a civic environment in our community. MOVED by Dakan, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna.Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER APPROVAL OF BILL NO. 2 TO AMEND THE CALDWELL CITY MUNICIPAL CODE BY CREATING A NEW ZONING SECTION 10 -01 -08 FOR THE PURPOSE OF IMPLEMENTING THE IDAHO LEGISLATURE'S ADOPTED RULES AND PROCEDURES FOR MUNICIPAL ANNEXATIONS. (CASE NO. OA- 46 -02) WITH THE REQUEST TO WAIVE THE RULES AND PASS AFTER THE ONE READING BY TITLE ONLY AND TO APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas noted that a Public Hearing was held on this matter during the last City Council Meeting held on January 6, 2003 and was approved by the Council. This was the Ordinance to create the new section of the City Code. The Mayor read the Bill by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, ARTICLE 1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO BY CREATION OF A NEW ZONING SECTION 10 -01 -08 FOR PURPOSES OF IMPLEMENTING THE RULES AND PROCEDURES FOR MUNICIPAL ANNEXATIONS AS APPROVED BY THE 2001 IDAHO STATE LEGISLATURE; PROVIDING AN EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE; ALSO REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Callsen to waive the rules and pass Bill No. 2 after the one reading by title only. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen that Bill No. 2 be passed and entitled Ordinance No. 2455 after the one reading by title only and approve the Summary for Publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING (LEGISLATIVE) ON A PROPOSED BILL NO. 3 TO AMEND THE CITY CODE REGARDING PUBLIC NOISE DISTURBANCES WITH THE REQUEST TO WAIVE THE RULES REQUIRING THE THREE READING PROCESS AND APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas informed Council that this was the time set for the Public Hearing on Bill No. 3 to amend the City Code regarding public noise disturbances. This was a Legislative Public Hearing and the Mayor opened the Public Hearing. The sign up sheets were not prepared; however, no one in the audience requested to speak to this matter. Mark Hilty, the City Attorney, 1303 12"' Avenue Road in Nampa, presented the Staff Report on this Hearing. Mr. Hilty stated that a workshop was held on this amendment to the Code and no one showed up to comment. The Ordinance was fairly straight forward. Prohibited were public disturbance noises between the hours of 11:00 p.m. one day and 7:00 a.m. the next day. Those noises included loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person or normal sensitiveness residing in the area. Of significance were the exceptions noted under 7 -13 -5 including emergency vehicles; sound caused by activities by municipalities, school, religious or publicly owned property or facility provided that such activities have been authorized by the owner of such property or facility or its agenda; sounds caused by parades, fireworks or any other event for which a permit for the activity was required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for issuance of permit; sounds caused by locomotives or other railroad equipment; sounds caused by burglar alarms that are not in violation of City Code; sounds caused by safety warning devices required by law; sounds caused by devices approved for use within the confines of the particular zoning designation that the device was located or pursuant to a conditional use permit (i.e. drive -three window speakers, ice cream vendors, car lot P.A. systems); sounds emanating from devices used within the common areas of a multi -unit facility whose use has been approved by the owners or management of the facility; and sound created by or the result of regular business activities in areas appropriately zoned for such activities. This exception includes, without limitation, regular industrial and flight operations at the Caldwell Industrial Airport. Penalty would be a general misdemeanor under 7 -13 -6. Mr. Hilty pointed out that 7 -13 -3, Public Disturbance Noise Prohibited, which prohibits loud amplification devices on or within motor vehicles, has been received with positive review. This will provide the Police Department with atool to address those concerns. MOVED by Ozuna, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas read Bill No. 3 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ENACTING A NEW ARTICLE 13, SECTIONS 7 -13 -1 THROUGH 7 -13 -6 RELATING TO PUBLIC NOISE DISTURBANCES; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Blacker, SECONDED by Dakan to waive the rule requiring that a Bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Wells, SECONDED by Callsen that Bill No. 3 be approved and entitled Ordinance No. 2456 after the one reading by title only and approve the Summary for Publication. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI JUDICIAL) ON CASE NO. SUB- 79P -02, A REQUEST BY SKYWAY BUSINESS PARK FOR A PRELIMINARY SUBDIVISION PLAT APPROVAL CONSISTING OF 18 COMMERCIAL AND 3 COMMON AREA LOTS) Mayor Nancolas stated that this Public Hearing was a quasi judicial matter and those testifying would be swom in before speaking before the Council. This was a request by Skyway Business Park for a preliminary subdivision plat approval consisting of 18 commercial and 3 common area lots. The Mayor noted that there were three quasi judicial items on the Agenda for this evening. Therefore, he would request that all of those signed to testify on any of the three items stand at this time and be sworn in by the Deputy Clerk. Mayor Nancolas explained the procedure and then opened the Public Hearing. Joan Johnson, Community Development Planner for the City of Caldwell, 621 Cleveland Blvd., acknowledged that she had been sworn in. Ms. Johnson reported as follows: as was noted in the Staff Report, this Public Hearing has been properly noticed, published, and posted according to law; the applicant, Bill Gilbert, was requesting preliminary plat approval of 18 building lots and 3 common area lots located on approximately 40 acres within an M -1 (Light Industrial) zone; this was a reactivation of the former Skyway Business Park which was previously approved by the City Council; this plat was being reconstructed exactly as the previous plat was presented; the recommendation from Staff was for approval with the same terms and conditions as was approved before. Kent Gingrich, 491 West Pack Avenue, Meridian, Idaho acknowledged that he was under oath. He noted that he was the Engineer of Record from J -U -B Engineers and indicated that the preliminary plat was identical to the preliminary plat submitted in 2000. It was the intent of Mr. Gilbert to provide those requirements as noted under 2.7.7. and they intend to following the landscape requirements. He also noted that the development would include a non - potable water pressure irrigation system and the design would be reviewed and approved by Pioneer Irrigation District. Bill Gilbert, 11476 East Linden, Caldwell acknowledged that he was swom in. Mr. Gilbert commented that there was really not much more to say as Planning and Zoning had covered it well. He did believe that this business park was needed. All of the infrastructure, water, power, sewer, telephone and etc. were already completed. All that was remaining were the sidewalks, irrigation and landscaping. The final plat would follow up immediately. Dick Winder, 2810 Morning Mist Lane, acknowledged that he was under oath and stated that Caldwell Unlimited was the previous developer of this site. They sold it to Mr. Gilbert and fully support the development and believe it will be beneficial to the Community and create jobs and increase the tax base. MOVED by Dakan, SECONDED by Ozuna to close the public testimony portion of this Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED 1101/100 410MR911 The Mayor presented the following for the Evidence List: The Staff Report and the Sign -up Sheets. MOVED by Blacker, SECONDED by Hopper to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to approve the Comprehensive Plan Analysis as outlined in the Staff Report, Section V. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Callsen the general facts outlined in the Staff Report; public testimony received this evening; and the fact that there was no testimony in opposition. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this case and to recommend approval or denial; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the City Council orders that Case No. SUB- 79P -02, a request by Bill Gilbert for preliminary subdivision plat approval of Skyway Business Park, which consists of 18 commercial and up to 3 common area lots located on approximately 40 acres in an M -1 (Light Industrial) zone was approved with the conditions outlined in the Staff Report. Roll call vote. Those voting ye: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI JUDICIAL) ON CASE NO. SUP - 178- AP -02, AN APPEAL BY THE LDS CHURCH OF THE DETERMINATION MADE BY THE PLANNING AND ZONING COMMISSION CONCERNING THE CHURCH PARKING LOT) (PUBLIC HEARING (QUASI JUDICIAL) ON CASE NO. ZON- 26 -02, A REQUEST BY THE LDS CHURCH FOR A REZONE OF THREE PARCELS LOCATED AT 13 AND EVERETT FROM R -2 TO R -3) Mayor Nancolas stated that the next item on the Agenda was quasi judicial which was an appeal by the LDS Church of the determination made by the Planning and Zoning Commission concerning the Church parking lot. The Mayor stated that he would declare himself not eligible to participate in this particular action and would turn the gavel over to Council President Hopper and ask him to continue forward. Councilman Wells also excused himself due to ex parte communication. Council President Hopper stated that there was a question of process that he would like to address. In the memorandum about this case, it indicated that for this action to go through it requires approval of a special use permit by the Planning and Zoning Commission as well as approval by the City Council for rezoning the lots to an R -3 Zone. The question in his mind was if we approve the appeal or support the appeal of the denial by the Planning and Zoning Commission of the special use permit, does this action go back to the Planning and Zoning Commission for a re- hearing on the special use permit or can that special permit be granted by the City Council as well as the rezone by the City Council and thereby satisfying the need for both. Mr. Hilty, the City Attorney, stated that this was correct. The Planning and Zoning Commission has final decision making authority on the special use permits. They do not recommend; they just make a decision. Pursuant to City Ordinances, that decision they make was appealable to the City Council who then hears the matter all over again and they could take new evidence and testimony and make a final decision on the special use permit and it does not go back to the Planning and Zoning Commission. There does not have to be flawed reasoning. Special Use Permits, by their nature, were tricky issues that were on the edge between what might be all right and what might not be all right and reasonable minds could differ. You make up your own mind based on whether or not you think the application has merit. It was his recommendation that the Council take the testimony on the two issues concurrently as the issues were very much the same. When making their decision, Council needs to handle the zoning issue first because you cannot approve a Special Use Permit on an R -2 property. It might require changing the Agenda to considering the rezone first. Councilman Blacker also indicated that he would abstain from any action on this matter. Council President Hopper noted that the Council left to consider this matter would be Councilman Callsen, Councilman Dakan, Councilwoman Ozuna, and himself. He then declared both of the Public Hearings open and asked Joan Johnson for the Staff Report. Joan Johnson, Community Development Planner for the City of Caldwell was recognized and noted that she was still under oath. Ms. Johnson stated that as Mr. Hilty stated, this was a two fold application request. The first request was to rezone a parcel of the Church's land from R -2 (Medium Density Residential) to R -3 (Multi Family High Density Residential). As noted in the Staff Report, this hearing was properly noticed, posted and published according to law. The applicant was requesting to rezone Lots 13 through 16 of Block 34 of Dorman's Addition from R- 2 to R -3. The Church facility located at 1215 East Everett was intending to expand its parking area with the construction of an off -site parking area on two adjoining vacant parcels of ground. The additional parking area was being sought to eliminate some of the parking along the street and also to allow handicap and older users to be closer to the Church. The secondary parking lot sites were zoned R -2 (Medium Density Residential) and parking lots were not allowed in that zone. Accordingly, the applicant needs to upgrade the zone through the zoning process in order to accommodate the placement of the parking lot there. Offsite parking lots were allowed in an R -3 Zone through a special use permit. Thus, the applicant will have to rezone the property and obtain four special use permits to reconcile the City's land use regulations. Again, as Councilman Hopper has noted and Mr. Hilty has noted, separate motions by Council were required — one for the rezone request and if the rezone request was granted, then another motion regarding the appeal. Staff has asked that Council reconsider the applicant's request for a parking lot if they do approve the rezone request. The appeal was for the Planning and Zoning Commission's denial to place the parking lot. The application was made to provide for accessory parking through a special use permit. There also needs to be a cross access agreement constructed to grant mutual access across both of the lots into perpetuity. The cross access agreement should be constructed to address parking, traffic circulation and drainage between the two adjoining parcels of land. After several questions, Council President Hopper noted that there were three people signed in favor of the request; two for the rezone and two for the appeal and one person was on both lists. Dion Zimmerman, with the Architecture Firm of Gowland Johanson, Zimmerman, 400 South Main in Payette, Idaho acknowledged that he was under oath and indicated that he was here as the representative for the Church. Mr. Zimmerman commented as follows. They applied for the Building Permit in August, 2002 and at that time Ms. Johnson informed them that they had several things to comply with. One was the rezoning, the special use permit, and the introduction of the Historical District. They began the process of filling the applications out. There was one home which was removed in the year 2000 and the second home was demolished between the months of June and July, 2002. The project was fairly simple. They were proposing to add sixteen parking spaces with one additional handicap space. They would be using the existing curb cuts to the south and one along Everett. There were two existing lots nearby the Church now. One was approximately one -half block west of the Church and there were several homes between the Church and the lot. The Church has approximately 230 members that attend every Sunday. The reasoning for this lot was to bring the elderly members closer to the Church without having to cross the streets. The second reason would be to abate the cars parking on the street which was a problem with the neighborhood. There was another lot owned by the City, but the Church would like to provide their own parking spaces. They had no plans to put in lights at this time. Mr. Zimmerman presented two exhibits, one was a picture of the lots and the other a site design. Council President Hopper labeled the picture of the area and adjacent lots as CC -1000 and the site design would be CC-1001. Mr. Zimmerman further stated that they have worked with the LDS Church many times and were attractive when finished. They did receive a Certificate of Appropriateness from the Historical Commission. They planned to comply with all of the landscaping and on -site drainage requirements and he believed it would be a nice addition to the neighborhood. Glen Grosenbach, 601 13 Avenue South, was sworn in and commented that he lived close to the Church site. Mr. Grosenbach stated that he had no objection that he knew of as he didn't hear all of the previous testimony before the Planning and Zoning Commission. Robert Norman was the next on the sign up sheet, but he had already left the meeting. E1Jay Waite, 1910 East Homedale Road, noted that he was previously sworn in and was here as the Bishop of the Caldwell Ninth Ward and attends services in that building. He did want to share some information for the record and thanked the City for the parking lot in front of the Church as it has been very helpful to them. Members of the Church have participated on service projects every year where they have helped the Parks Department put the bark back in, trim the bushes, and picked up rocks in that park and plan to continue doing so as one of their service projects. Mr. Waite further informed Council that they have had thirty -five new families move into the Ward during the last eighteen months as a result of growth in Vallivue Heights and other subdivisions. Attendance has grown from an average of 185 each Sunday to almost 236 now. He would concur that the growth was probably about 40% complete so he would expect another fifty or so families to come into the Ward as a result of the homes that were being built. He stated that he would also agree that the safety of the elderly members of the Ward was a factor. To have a parking lot closer would certainly be a benefit for them. The curb side parking around the building was normally at capacity and even along both of the parks so there was quite a bit of parking on the street. The neighbors have complained about parking in front of their homes. There was also Sunday activities in the park and the community was beginning to use it more in the summer. The Church would like to be good neighbors and not compete with the parking. Mr. Waite pointed out how often the parking was needed. MOVED by Ozuna, SECONDED by Dakan to close the Public Testimony portion of the Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Callsen, and Hopper. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST FOR BOTH HEARINGS: Council President Hopper presented the following Evidence List: Sign up sheets for both hearings, 1002; Staff Report, 1003; CC -1000 was the photos of the area in question and adjacent lots; CC -1001 was the preliminary site design. MOVED by Dakan, SECONDED by Ozuna to accept the Evidence List as presented by Council President Hopper for both of the Hearings. Roll call vote. Those voting yes: Dakan, Callsen, Hopper, and Ozuna. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR BOTH HEARINGS: Council President Hopper asked for a motion for the Comprehensive Plan for Case No. SUP -178- AP-02 and Case No. ZON- 26 -02. MOVED by Dakan, SECONDED by Callsen to accept the Staff Report's Comprehensive Plan Analysis for both Hearings. Roll call vote. Those voting yes: Dakan, Callsen, Hopper and Ozuna. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED The City Attorney advised the Council to separate the two issues at this point and to proceed with the zoning request first and then address the special use permit request. FINDINGS OF FACT FOR THE ZONING: Councilman Dakan suggested the following Findings of Fact: Accept the general facts outlined in the Staff Report; public testimony contained in the Staff Report as well as testimony received tonight; no one testified in opposition to this request and Council would go on record as supporting the zone change from to R -3. Councilman Callsen also added that the Church owns the property and have received a Certificate of Appropriateness from the Historic Commission. MOVED by Ozuna, SECONDED by Callsen to accept the Findings of Fact as presented Roll call vote. Those voting ye: Ozuna, Dakan, Callsen, and Hopper. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW FOR THE ZONING: MOVED by Ozuna, SECONDED by Dakan that the Caldwell City Council has the authority to hear this request and to make the decision to approve or deny; the Hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote: Those voting yes: Ozuna, Dakan Callsen, and Hopper. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION ON ZONING: MOVED by Ozuna, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ZON- 26 -02, a request by the Church of Jesus Christ of Latter -Day Saints to rezone Lots 13 through 16 of Block 34 of Dorman's Addition to Caldwell from R -2 to R -3 zoning was approved. Roll call vote. Those voting yes: Ozuna, Dakan, Callsen, and Hopper. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED Council President Hopper requested that Council now consider the appeal, SUB - 178- AP -02. FINDINGS OF FACT FOR THE APPEAL: Councilman Dakan suggest the following Facts: The general facts outlined in the Staff Report; public testimony presented this evening; and no one spoke in opposition. Councilman Callsen added that the Church owns the property and the Historical Commission has given them a Certificate of Appropriateness. MOVED by Ozuna, SECONDED by Callsen to approve the Findings of Fact as presented. Roll call vote. Those voting yes: Ozuna, Dakan, Callsen, and Hopper. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW FOR THE APPEAL: MOVED by Callsen, SECONDED by Dakan that the Caldwell City Council has the authority to hear this appeal request and to make the decision to affirm/deny /or modify the Planning and Zoning Commission's decision to deny the special use permit and the hearing was legally noticed and conducted within the guidelines of applicable codes and City ordinances. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION FOR THE APPEAL: MOVED by Callsen, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that the decision by the Planning and Zoning Commission was hereby reversed with aforementioned conditions. Roll call vote. Those voting yes: Callsen Hopper, Ozuna, and Dakan. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Ozuna to close the Public Hearings on the two matters. Roll call vote. Those voting yes: Dakan, Callsen, Hopper and Ozuna. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED Mayor Nancolas came forward to continue the City Council Meeting. (DISCUSSION REGARDING ALBERTSON COLLEGE CONDITIONS OF VACATION) Mayor Nancolas stated that the next item on the Agenda was the request for discussion regarding Albertson College of Idaho and conditions of street vacation. The Mayor requested that Mr. Law, the City Engineer, to come forward and make his presentation. Mr. Law informed Council that the matter before them has to do with vacation of streets that occurred in connection with expansion at the Albertson College of Idaho in January, 2002 and December, 2001. In connection with that vacation, certain conditions were placed on that vacation some of which were intended to mitigate any impact from losing access to some streets. One of the conditions was that improvements required to mitigate the loss of the streets needed to be completed within a year from the date the vacation was recorded. He was here tonight because of the major financial condition placed on the vacation was not and will not be completed by the appointed time of January 23, 2003. When things don't go well, we come back to Council to find out what their feeling and intent was with regard to the matter. In the memo before Council, there were items for Council's consideration as well as a copy of the Vacation Ordinance. In addition, Staff has gone through and analyzed some options available to Council in figuring out how to dispose of this default. There were five options listed and have been listed in order of preference with No. 1 being the most preferred by Staff and No. 5 the least preferred. Staff's preferred recommendation was that we consider some kind of extension in time in order to accomplish the improvements requested or required in vacation conditions. The least preferred option would be to waive the uncompleted condition of vacation. Options No. 1, 3, and 5 were changes in conditions that were originally imposed. If we change conditions one way or another, we need to consider what the legal process would be in order to affect the change. Options 2 and 4 could be exercised without any special procedures. Mr. Law reviewed the other options for Council's consideration. At this time, they needed Council's advice as to how to proceed. There was considerable discussion by the City Council Members and Mr. Law. During that discussion, several questions were brought forward with regard to Ordinance No. 2403, the Bill reciting petition for the vacation. Allan Schmoock, 2030 South Myers in Boise, representing Albertson College of Idaho and was the Director of Administration at the College was recognized by the Mayor. Mr. Schmoock informed Council that he was present to discuss the widening of Oak Street and Ordinance No. 2403 dated January 23, 2002. The primary part was the widening of Oak Street which was in return for the vacation of Ash Street to build the two apartment style dormitories now called The Village. On January 16th of last year, the College posted a bond for $183,000 and that was based on 110% of what was projected to be the cost for the whole ordinance and that was $167,000. Of that $125,000 was to pay the cost of the widening of Oak Street. The College has complied with all of the Ordinance except the Oak Street widening and he was sorry to report that we will not be completing that within the time frame that was assigned to them which was the coming Thursday, January 23, 2003. Mr. Schmoock further stated that there was never any intent or conversation or any plan to not widen Oak Street. He explained in length what has happened with the College's cash flow situation which turned out to be a multi million dollar problem. The letter from Mr. Law was found in a stack of papers after the person handling this problem resigned and this was the first time he became aware of the Oak Street situation. Since then, he has been meeting with Ben Weymouth of the Engineering Department and discussing what could be done. Their request at this time was an extension to complete the widening of Oak Street. He also noted that the cost of the widening was clearly not going to be $125,000 to complete that project and could be three or four times that amount. They were not only asking for an extension, but also to work closely with the City to find any efficiencies or cost containment that could be possible. The extension request would be for a year. There was considerable discussion with regard to the time needed to complete the project; it would be necessary to have a regular Hearing to change the conditions of the Vacation Ordinance which would give them some time to discuss the matter; the Engineering Department was not particular as to how much time the College was given to complete the project; Mayor suggested that the Engineering Department work with the College and come back with a recommendation at the Hearing and the City Engineer stated that they would be happy to work with them and get the College through this in the best way possible; comment was made that the College was an important part of the Community. Mayor Nancolas again noted that the issue before Council tonight was to give direction to Staff to not pursue cashing the bond and to work with the College. The City Engineer stated if everyone agreed to go with No. 1 in his Report, they would bring back an Ordinance before Council with notice given for a Public Hearing to consider the conditions of the vacation for ultimate consideration by Council and we forgo our immediate remedies. The Mayor stated that if Council would agree, the direction to Mr. Law would be not to pursue the draconian aspects of this, but to bring back suggestions to the City Council about the Public Hearing format with an amendment to the Ordinance that was provided for vacations; working closely with the College regarding a time frame and bring back any ideas you might have pertaining ways we could make is as pleasant as possible for the College. Council agreed to this direction to the Engineering Department. (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $945,534.10 for the period ended January 16, 2003 and a net payroll of $172,030.63 for the pay period ended December 18, 2002 and $229,093.82 for the pay period ended January 11, 2003. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $591,080.75 represented by check numbers 12596 through 12921 and the total payroll for the amount of $401,124.45 represented by check numbers 1416 through 1689 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. - 1 s � } �''� - �� �".'�'r�vrr„�`ihr ;a�'' +4w�sx � ..� •?'&�Ea7s�1 fF�•�'a�`' • . a�i ' E( 2 .�.Y�'�[ {•`.�k .{r: .. 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