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HomeMy WebLinkAbout2004-03-01city council minutesREGULAR MEETING MARCH 1, 2004 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Don Renschler of the Canyon Hill Church of the Nazarene. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag, led by Girl Scouts Emma Thompson, Rebecca Hopper, and Alexis Robinson. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, and Blacker. Absent: Oates. SPECIAL PRESENTATIONS The Mayor read a proclamation to proclaim the week of March 7 -13 to be Girl Scout Week in Caldwell, Idaho. He presented the proclamation to the Girl Scouts and thanked the leaders of the Girl Scouts. ADDITIONS OR DELETIONS TO THE AGENDA The Mayor stated that Item 12 needs to include the words "as amended" at the end of the item. MOVED by Hopper, SECONDED by Dakan to change Item 12 on the Consent Calendar to include the words "as amended" at the end ofthe sentence. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED AUDIENCE PARTICIPATION Mrs. Jackson's students introduced themselves. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the February 17, 2004 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Industrial Airport Commission held on February 15, 2004; the Caldwell Planning & Zoning Commission held on December 10, 2003 and January 14, 2004; and the Caldwell Golf Board Meeting held on January 21, 2004; 3. Approve appointment of Robert O. Jenkins as a permanent member of the Core Area Commission; 4. Approve Order of Decision on Case No. SUB- 55(5)F -00 (Delaware Park Unit 5) and Case No. ANN -84 -03 and SUB- 95P -03 (Four Seasons Subdivision); 5. Approve Resolution No. 26 -04 adopting an agreement for a Special Funds in Trust whereby the City creates a special fund for the purpose of holding revenue to complete some construction project within a certain timeframe; 6. Approve Resolution No. 27 -04 authorizing execution of a Special Funds in Trust with Mr. John Evans for the Newbury Estates; 7. Approve Resolution No. 28 -04 authorizing execution of a Cost Reimbursement Agreement with Arbor Ridge, LLC for the Blackhawk lift station, pumps, and force main; 8. Approve acceptance of easement for vehicle turn around with Schrandt Family Limited Partnership on 38 Avenue; 9. Approve Resolution No. 29 -04 authorizing execution of a Right -of -Way Deed for 10 Avenue and a Sewer Easement from Dr. Michael Kenner; 10. Approve Resolution No. 30 -04 authorizing execution of a Cooperative Agreement with the Idaho Transportation Department for landscaping at Exit 29; 11. Approve signature to Resolution No. 31 -04 authorizing public support to IDAHO with regards to the Arbor Cove project; 12. Approve the adoption of an Information Technology Services and Technology Resource Usage Policy as amended. MOVED by Ozuna, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 3 [ORDINANCE NO. 24891, AMENDING MUNICIPAL CODE, ARTICLE 3 TO CHAPTER 13, REFERRED TO AS "THE CALDWELL PUBLIC WORKS CONSTRUCTION STANDARDS ORDINANCE ", WITH REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE FOR PUBLICATION) Ben Weymouth stated that the Engineering Department would recommend that Council pass the Ordinance on the first reading. Weymouth stated that once the ordinance is adopted it will authorize Council to pass a resolution setting a fee for the standards. The fee is $20.00. The Mayor stated that they have gone through public workshops and there has been a review period. The document has been sent out to developers and engineers around the valley. There was a time frame where written comment was taken and a public hearing was held. He stated that this allows developers and those in the building community to know the City's standards and allows staff to monitor and administer the guidelines and standards we have in place. This also helps us take the first step in a fast track program with DEQ so that as preliminary plats come forward the review time with DEQ will be reduced to approximately three weeks. Councilman Blacker asked if the $20.00 actually covers the assembly and making of the book. Weymouth stated that it should cover it. They had thought about charging more but then thought that they were pushing the line of reasonableness. There is about $12.00 worth of material in the book and the rest would cover staff time. The Mayor read Bill No. 3 (Ordinance No. 2489) by title only: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, CANYON COUNTY, STATE OF IDAHO, BY ADDING A NEW ARTICLE 3 TO CHAPTER 13; PROVIDING FOR THE ESTABLISHMENT OF UNIFORM CONSTRUCTION STANDARDS IN PUBLIC RIGHT -OF -WAY AND EASEMENTS AND FOR CONSTRUCTION OF PUBLIC FACILITIES; PROVIDING THE PROCEDURE FOR REVIEW AND ADOPTION OF SUCH STANDARDS BY THE CITY COUNCIL; PROVIDING THE PROCEDURE FOR AMENDMENT OF SUCH STANDARDS; PROVIDING THE PROCEDURE FOR REVIEW OF DECISIONS BY ADMINISTRATOR OF SUCH STANDARDS; AND PROVIDING FOR AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and pass Bill No. 3 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Wells to sponsor Bill No. 3 and pass on the first reading and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED The Mayor read the companion resolution establishing the fee by title only: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO SETTING A FEE FOR THE PURCHASE OF "CITY OF CALDWELL SUPPLEMENTAL SPECIFICATIONS TO THE 2003 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION - 2003." MOVED by Hopper, SECONDED by Blacker to approve this resolution. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (CONSIDER BILL NO. 5 [ORDINANCE NO. 24911, REGARDING SALVADOR MORFIN REQUEST FOR REZONE, WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE SUMMARY FOR PUBLICATION) The Mayor stated that this is the final document for an action that has been previously noticed and a public hearing was held. All of the requirements of law have been met and now the companion ordinance will substantiate that action. The Mayor read Bill No. 5 (Ordinance No. 249 1) by title only: AN ORDINANCE TO PROVIDE A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS C -1 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Dakan, SECONDED by Hopper to waive the three reading process and pass Bill No. 5 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Dakan to sponsor Bill No. 5 and pass on the first reading and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (CONTINUATION OF PUBLIC HEARING [LEGISLATIVE] ON CASE NO. OA- 49 -03, A REQUEST BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING AND ZONING COMMISSION FOR MODIFICATION TO THE CALDWELL COMPREHENSIVE PLAN TEXT) The Mayor asked if there is anyone who would like to sign up to speak at this public hearing. He declared the hearing reopened and continued. Steven Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged being sworn in and stated that this was continued for purposes of clarifying the language in the Comprehensive Plan. This has been around for a long time. He stated that they have made some changes that have allowed them to reach some compatibility with the different interests. The Comprehensive Plan sets the tone for what should further manifest in the regulatory documents. The Local Land Use Planning Act of 1976 stated cities shall have Comprehensive Plans and the language should guide the City as it grows and develops and every five years the City should review the language and make sure the philosophies are still sound. There have been six changes to the Comprehensive Plan since 1976 and the last major one was in 2000. Hasson continued that they began the public hearing on these changes about 13 months ago. They have changed at least half the text to reflect new positions and values. Hasson stated that the most recent revision shows that the regulatory language was reduced to a minimum. This is more of a guiding document than a dictating document. Hasson noted that they added very little new language. He outlined a few of the language additions that were made. The most recent changes are mostly cleanup of a lot of language that was really confusing or that missed the point. Susan Wildwood, PO Box 6502, Boise, submitted a document of editorial comments to the Council. She complimented Hasson on the revised plan that is before Council tonight. She stated that she is offering some different language that may clarify things more. She stated that she is offering just a few suggestions. She outlined the language changes she suggested. Wildwood stated that there was some amount of discussion at City Council regarding on -site sprinkler systems for residential. She stated that she noted that the language left in the plan states to consider rather than require this and she appreciates that. Wildwood stated that this document reflects the long, hard work and consideration and she appreciates the work Hasson has done. The Mayor stated that the word "consider" in regards to the sprinkler systems is appropriate because there is pending legislation that deals with that potentially in some issues and it allows them to comply if that legislation is passed. The Mayor stated that these changes seem to be grammatical type corrections. He asked Hasson if he saw anything in Wildwood's suggestions that he would object to. Hasson stated that her suggestion on page 10, Item (c) puts more of a limitation on the PUD process than the original language states. Other than that, he is very satisfied with her comments and appreciates the further scrutiny of the product. Wildwood stated that page 10, Item (c) was merely a suggestion that she put together very quickly. MOVED by Wells, SECONDED by Dakan to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Wells, Blacker, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED 1101/1004 410MR 11 The Mayor presented the Evidence List: Revised 2/25/04 Comprehensive Plan, sign -up sheets, and CC -1000 (document from Susan Wildwood). MOVED by Ozuna, SECONDED by Wells to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Dakan to adopt the part two area of Goals, Objectives, and Policies of the Caldwell Comprehensive Plan including the amendments as specified in evidence Item CC -1000 with the exception of the amendments to the PUD process. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 98P -03 [HOLMAN SUBDIVISION], A REQUEST BY WEST VALLEY CONSTRUCTION FOR PRELIMINARY PLAT APPROVAL OF SEVEN INDUSTRIAL LOTS AND TWO COMMON LOTS IN AN I -P [INDUSTRIAL PARK] ZONE) The Mayor explained the quasi - judicial process. The Deputy City Clerk swore in staff members and those signed up to speak at this public hearing as well as the following public hearings this evening. The Mayor declared the hearing open. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She noted that on page 5 under Fire Protection 2.7.6, the Fire Department has requested a note be placed on the final plat indicating the requirement that they have stated. They have a verbal agreement from the applicant that all parcels or lots not fronting on Farmway Road will be required to have improvements structures on these lots protected with automatic fire sprinkler systems. Jim McGarvin, 1608 Parker, acknowledged that he has been sworn in and stated that he is here to answer any questions. Councilman Wells asked about the irrigation water rights. He asked whether the fact that there is no water rights, is this going to create a problem in getting irrigation. McGarvin stated that it is a problem but referred to his engineer to answer the question. Orville Collins, 703 S. Kimball, acknowledged being sworn in and stated that he would like to see the Council approve this because it will bring new jobs to the City and will clean up and enhance a corner of an entrance into Caldwell, and it will create more tax base. Collins stated that he is here to answer any questions. Lance Warnick, representing Treasure Valley Engineers, 5680 E. Franklin, Suite 220, Nampa, acknowledged being sworn in and stated that the irrigation does present one of the biggest challenges on this site. They are proposing to provide two separate irrigation cisterns. They are not being regulated by the Department of Water Resources. These cisterns will be less than 18 feet and will produce less than 2400 gallons of water per day, which makes them unregulated water sources. This has been proposed to address the amount of landscaping that has been worked out with the developer and the City. He stated that he appreciates the City's willingness to work with them to address the landscaping issues. Warnick stated that they are willing to put the suggested note on the final plat regarding the automatic fire sprinklers. The note would state that any internal lot that does not have frontage on Farmway would be required to have a fire sprinkler line. He requested that if there is a secondary access road provided later and if the lot is not developed that they would not have to do that. Warnick continued that there would be no sidewalk on the interior in order to be in compliance with the Industrial zone. The sidewalk will be on the exterior adjacent to Farmway Road. Also, sewer will not extend to Farmway as has been requested by the Engineering Department because it would only be three feet deep. Warnick asked for clarification on Item 8.13 regarding the traffic study. He asked what they need to provide in order to satisfy the requirement. The Mayor asked Gordon Law to address this question. Law stated that he was not involved in the preparation of the condition. He stated that one of the seven lots would have to be an outstanding traffic generator for this to be an issue. He noted that Steve Hasson has indicated that there has been a general request associated with Industrial development and that that be considered. The Mayor asked if it is correct to say that this requirement doesn't apply in this case. Law stated that it is. The Mayor stated that because of the low number of lots, it is appropriate to remove the requirement in 8.13 from the conditions. Steve Hasson stated that they put it in because the way the preliminary traffic study reads is that if it is commercial, industrial, or residential greater than a certain volume, it warrants a traffic study. He added that upon further consideration this is probably not necessary. Robert F. Holman, Jr., 1005 Commercial Way, acknowledged being sworn in and stated that they have outgrown their present facility and need to get this subdivision up and running in order to create more jobs. He noted that most of the jobs they create are high paying jobs and they are expanding by about 25 people at this location. MOVED by Hopper, SECONDED by Dakan to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff Report, sign -up sheets, and preliminary plat. MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED 4 M119 N 00106MIJ W a9000=10,10 awl R MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to approve the general facts outlined in the Staff Report, the public testimony that was given this evening, the Evidence List, and the fact that there was no one who testified in opposition to the applicant. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW: 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 public hearing was legally noticed and conducted within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED ?M X110 we)011 ) M [lM►1 MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and the Conclusion of Law, the Caldwell City Council orders that Case No. SUB- 98P -03, a request for preliminary plat approval of Holman Subdivision which consists of seven industrial lots and two common area lots is approved with the conditions as outlined in the staff report with the exception of condition 8.13 which will no longer apply and allow staff to work out the language to be on the face of the final plat regarding the sprinkler system. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Ozuna, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. ANN -86 -04 [FAMILY YMCA] AND SUB- 99(P) -04, A REQUEST FOR THE FOLLOWING: ANNEXATION OF 14.3 ACRES AS A C -1 [NEIGHBORHOOD COMMERICAL] ZONE [TO INCLUDE A DEVELOPMENT AGREEMENT] AND PRELIMINARY PLAT APPROVAL OF TWO COMMERICAL LOTS) Steve Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged that he has been sworn in and gave the staff report. He showed the area on a map and noted the Eldridge family trust gifted 6.9 acres to the YMCA for developing a YMCA development there. They also discussed gifting another portion of 7.3 acres. In order to accomplish the gifting of the 6.9 acres and the possible 7.3 acres, it needs to be annexed into the City. This is a request to take approximately 14.3 acres of the 35 -acre parcel the Eldridge family owns into the City. The land is currently zoned County Single Family Residential. They would be rezoned to C -1 (Neighborhood Commercial) zone. Hasson noted that each of these parcels will have a development agreement. As this land goes from residential to commercial there will be a Comprehensive Land Use Map amendment that goes with it. There are three Special Use Permits that have been clumped together associated with the YMCA. There is a cross access agreement that addresses drainage, parking, and traffic circulation. The project will be subject to a landscape design review. There will also be a traffic study due to the complexity and amount of traffic it will generate. Hasson continued that there would be a pedestrian walkway between Brother's Park and the YMCA. This development will provide much for the community and will be a catalyst for a lot of energy that will help the City in a lot of ways. Councilman Hopper stated that they had discussed how to develop a comprehensive pathway system by utilizing the Dixie drain and the Highline Canal access on the west end of the property. He stated that he doesn't think there is any requirement in the development agreement for that kind of connectivity. He asked if that was a consideration. Hasson stated that he believes there is some requirement for that in the agreement. Hasson read Condition 12.12 regarding micro pathways connecting common lots. He stated that they had envisioned this as part of the Highline Canal and that they would provide, as time afforded, a pathway along it that would provide connectivity to the parcel to the north. Other than that, it seems that there will be enough energy and interaction that all of it will be widely used. Hasson noted that when this was before the Planning and Zoning Commission, it had all 36 acres included in the development and it was going to be an R -3 development. Then the Eldridge family asked that it not come into the City but remain in the County because it would be used for agriculture. At that point some of the conditions related to the 21 acres that remains in the County had to do with connectivity. Councilman Hopper stated that his concern is with the location and design of the drainage swale, it acts as a barrier to any kind of a pathway to the west. This forces the foot traffic to the arterials. Hopper stated that that is something they would like to avoid, especially because much of Indiana is not developed with adequate pathways for pedestrians. Hasson stated that when the YMCA site is developed there will be many developers wanting to develop the 21 acres of land. At that time they would condition some requirements on it for trail systems and connectivity. Councilman Wells asked if the unused portion on the other side of the swale will be grass. Hasson stated that the YMCA representatives will show a site plan with all the landscaping on it. Pat Walsh, ZGA Architects and Planners, 565 W. Myrtle, Boise, acknowledged being sworn in and stated that they have reviewed the staff report from the hearing before the Hearing Examiner and they take no exception to it. He explained the site plan and showed diagrams of it. He stated that the building is approximately 87,000 square feet and is two stories. There is parking on site for about 300 cars. They will be widening Indiana Street across their frontage. The third entrance is for service vehicles only. The pedestrian crossing to Brother's Park is in line with the main entrance to the front. Walsh stated that in the concept for the site planning they did consider the connectivity through the site to the Dixie Drain with the idea that somewhere in the future there will be a pedestrian path. Any drainage in the back will be shallow. The play fields will co -exist with those drainage areas. They set up the back of the property for a connection through the playfield area He noted that they do not currently have any kind of improvements along the edge of the Dixie Drain except for a fence that was required of them during the Planning and Zoning hearing. Walsh continued that the Aquatics Center will face Indiana Avenue. It will have large glass windows and will act as the billboard for the facility with a lot of visibility. The health and fitness component will include basketball and volleyball courts, climbing wall, aerobics, weights, exercise machines, and a youth component. There will also be a drop -in nursery. MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the Public Hearing. Roll call vote. Those voting yes: Blacker, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED IILI111o►[fa0LIM8KQ = UUINWN0ML41110L410]»00ILII1►1I "aim 9OkU1 The Mayor presented the following as evidence: Sign -up sheets, Staff Report, the paper site plan, five colored site plan depictions. MOVED by Hopper, SECONDED by Blacker to accept the evidence list as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED Councilman Hopper stated that in other developments along water amenities the Council has required pathway development as part of their approval process. He stated that this is a slightly different project than projects for profit but he wanted to ask the Council if this is something they want to pursue in this development. Councilman Wells stated that this is a different project because there is a lot of open area and the fence would be in an area where, if there was a pathway, would be clearly defined. He stated that he feels if it is a policy that you are requiring of one person, it should apply to everyone. Wells stated that it isn't clear right now where the connectivity would be. He stated that the Council was clearly wanting connectivity through this type of a development so it could connect to schools and parks. Councilman Hopper stated that there are other developments that are wanting to develop around this parcel but we have never used the excuse before that if there isn't already existing development next door that we won't build connectivity. He noted that Council just recently went through this very extensively with another piece of development. He added that he would hate to have this site lag other pathway developments in the area Councilman Wells stated that one of the other items in the recent past had provisions made for pathways and it was a requirement for that development. He stated that it might be short- sighted that we are providing pathways to the property but when you get there, there are none that continue through there. He stated that to be fair with the others, it would seem appropriate to continue that here. Councilman Wells stated that if you are going through some of the other subdivisions with preexisting pathways, you will have to go between the waterway and the development that is already there along the easement pathway for the waterway. He stated that if you are being consistent with pathways through already existing neighborhoods that this is how it has to be. COMPREHENSIVE PLAN ANALYSIS FOR ANNEXATION AND PRELIMINARY PLAT: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED FINDINGS OF FACT ON THE ANNEXATION: MOVED by Hopper, SECONDED by Blacker to submit as findings of fact the facts as outlined in the staff report, testimony given this evening, the evidence list as presented and approved, and the fact that there was no testimony in opposition to the application. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW ON THE ANNEXATION: MOVED by Ozuna, SECONDED by Hopper that the 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, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED ORDER OF DECISION ON THE ANNEXATION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 86 -04, a request to annex approximately 14.3 acres as a C-1 (Neighborhood Commercial) zone, to include development agreements and cross access agreements spelled out in the terms as outlined in the staff report is approved, in addition the Comprehensive Land Use Map should be modified to residential commercial use and that modification should be included in the next available update of the comprehensive plan land use map. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED FINDINGS OF FACT ON THE PRELIMINARY PLAT: MOVED by Hopper, SECONDED by Blacker to submit as findings of fact the facts as outlined in the annexation hearing, the general facts as outlined in the staff report, the testimony given this evening, and the fact that no one testified in opposition to the subdivision. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW ON THE SUBDIVISION: MOVED by Ozuna, SECONDED by Hopper that the 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, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED ORDER OF DECISION ON THE SUBDIVISION: MOVED by Hopper, SECONDED by Wellsthat based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 99(P) -04, a request for preliminary plat approval of Family YMCA, which consists of two commercial lots is approved with the conditions as outlined in the staffreport and directing staff to develop a condition regarding connection of pathways along the waterways associated with this development. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED The Mayor stated that he has never been involved with a group of people like the YMCA people. He stated that they are heroes as far as he is concerned. We are lucky to be involved with the YMCA because it will continue to provide benefits for years to come. He stated that they are expecting the ground breaking soon. MOVED by Hopper, SECONDED by Dakan to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 51(5)F -00 [SOUTH PARK NO. 2, UNIT NO. 51, A REQUEST BY DVYER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 66 RESIDENTIAL LOTS AND 2 COMMON -AREA LOTS) The Mayor declared the Public Hearing open. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She noted that the Fire Chief made a comment under Section 2.7.3. Johnson stated that the Engineering Department and the applicant have agreed on a bonding amount of a little over $49,200. Councilman Wells asked about the irrigation. Johnson stated that she believes the applicant's representative has worked out that issue and she suggested that he might be able to answer that. Eric Main, 114 E. Idaho Ave., Suite 230, Meridian, acknowledged being sworn in and stated that he can answer any questions. Councilman Wells stated that Pioneer Irrigation's letter stated that the plans for irrigation won't be received until December 15, 2004 and so the earliest the irrigation would be available would be 2006. Main stated that he thinks that is incorrect. They have made application and have been excluded from Wilder Irrigation District. He stated that they have also made application to Pioneer Irrigation District and they will hear it on March 8 He stated that they fully expect to be included in Pioneer Irrigation District. Councilman Wells asked if it is a problem to not have irrigation in a final plat. Gordon Law asked Main if the water would be available in 2005. Main stated that he believes it would be available in 2004. Councilman Hopper asked Main if they already have the irrigation facilities in place in the Pioneer Irrigation District. Main stated that they have submitted and built in accordance with Pioneer standards a system that is in place and to their standards. They have been working with a Pioneer Irrigation District representative and have not achieved a final inspection by Pioneer only because they won't grant one prior to annexation. Law stated that the problem is with the letter dated February 11 from Pioneer Irrigation District. They make reference to the annexation and deannexation process and to the issue that there is not a delivery point. They also state that you can't get into construct it until between the months of November and March of the following year. Law stated that that leads us to wonder how they will get water with all these conditions. Main stated that he doesn't understand a lot of the questions that come up with the letter. The delivery point is an irrigation pump station that is currently in place and working for South Park No. 2, Units 1 -4 and the surrounding area. Main stated that this would also serve and was sized for the South Park No. 2, Unit 5. Councilman Wells asked if everything is placed and being brought into Pioneer Irrigation District will provide the right to use the water. Main stated that that is correct. MOVED by Ozuna, SECONDED by Blacker to close the public testimony portion of the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following as evidence: Sign -up sheets; Staff Report; and the final plat. MOVED by Hopper, SECONDED by Blacker to accept the evidence list as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to submit as findings of fact the general facts as outlined in the staff report, testimony given this evening, the evidence list as presented and approved, and the fact that there was no testimony in opposition to the application. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests on final plat approval and to make the decision to approve or deny. The public hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 51(5)F -00 (South Park No. 2, Unit No. 5), a request by Dyver Development, LLC for final plat approval to develop 66 residential lots and 2 common -area lots is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (CONSIDER A COLLECTIONS AGREEMENT WITH CREDIT DATA FOR THE SERVICE OF BAD DEBT COLLECTION) The Mayor stated that it has come to our attention that the City can add a 33% fee for bad debt, which would go to the collection agency for their efforts in collecting the amount, which would allow the full amount of the bad debt to come back to the City. He noted that there is no action required this evening other than to discuss whether staff should pursue this option and bring back the appropriate documentation as we go through the budget process. Councilman Hopper asked if Credit Data currently charges the City a 33% fee. The Mayor stated that that is correct. Councilman Wells stated that he feels it is worth the time to go forward with the fees suggested in this agreement. The Mayor asked if the Council would like to pursue this. Councilman Hopper asked if the state law has a maximum of 33% also. Mark Hilty stated that the statute provides that the City can have up to 33% fee for collection services. Collection agencies usually charge a third of what they recover. Hilty stated that the 10% or $10.00 charge is something that Credit Data would charge the City if we canceled. Councilman Blacker suggested negotiating the elimination of that part of the agreement. Council directed staffto prepare the appropriate documents and bring this suggestion back to Council. (CONSIDER AND APPROVE THE REALLOCATION OF FUNDS TO INSTALL TOWERS TO SUPPORT THE WIRELESS COMMUNICATIONS GRANT) The Mayor stated that they discovered that there is a cost for the towers that is not covered by the grant and was not anticipated. However, in the original budget there was $33,000 in Fund 50 for digital imaging. The revised document proposes that digital imaging could be covered by $11,000, which would create a $22,000 savings. The wireless tower installation has come in at $23,478.00. The Mayor stated that they are asking Council to reallocate these funds. The Mayor noted that this is not an action requiring expenditure of contingency funds. Councilman Hopper stated that we require in our ordinance for telephone communication towers that they co- locate wherever possible to existing towers throughout the city. He stated that since we don't know where these towers are going to be located, he is not sure whether that effort has been made to relocate any of the receiving equipment into existing public domain or privately held tower facilities. He stated that if that has been done, then he would approve the go ahead with this, but he is concerned that we looked at where we already owned property and decided to put towers there. He stated that he is not sure that is in the best interest of what we want to do from a site perspective in the City and from our own ordinance. The Mayor stated that he is not sure if that has been done because he knows the tower location has something to do with the coverage of the equipment. He stated that he is not sure about how much variance there is in where those towers can be located. He state that Gordon Law has been keeping a close eye on this project from the bidding side of things and making sure we are getting the best prices possible. He added that he knows there is a concern with the placement of these towers that has to do with the effectiveness of the coverage we are receiving. Gordon Law stated that the location of the towers was looked at from a number of different points of view including locating on private buildings. He stated that in the areas they need them, there were not buildings high enough to get the signal. The next thing they had to look at was where to locate towers to get the height and spread them out to serve the whole city. He stated that that left us with our own property. Councilman Hopper asked if we are constructing 100% of the towers necessary for this equipment. Law stated that it would be, with the possible exception of one. On that one, we have Verizon as a renter on the water tower property and we have had discussions with them to co- locate with the City on a new tower to be constructed off of the water tank and on this new tower. Councilman Wells stated that he has spoken with E1Jay Waite and the towers have already been ordered. He added that usually when we approve a budget there is some latitude within it as long as it doesn't go over. In this case, it is still within what was originally provided. He stated that because of that, he is fine with it. The Mayor stated that Gordon has done a great job with this, but this is one of those things where we did not anticipate any cost associated with this grant. He noted that the towers have been ordered. Councilman Hopper stated that he is concerned with compliance to our ordinances. He added that if this were a private entity, they would have to apply to the City for where these towers would go and we would have public hearings and discussion. However, now we are going to build a number of towers throughout the city with no public information about where it will happen. He stated that he doesn't know where they will go or what the impact is to the community. He stated that he will not support that. Councilman Blacker asked how many towers are being built. Law answered that there are seven. Councilman Hopper noted that that is more than any other single cell phone company has in the city. The Mayor stated that this is a different issue and is for safety purposes. He stated that there has been public information about the system and there were public hearings held regarding the system. Law stated that there is another public process to take place, which is a special use permit that is being worked up right now to go to Planning and Zoning. The Mayor stated that this discussion is just for where the cost of covering the towers will come from. He added that the Council does follow its own rules. The Mayor stated that the towers have not been placed yet. Councilman Hopper noted that if we already ordered towers, we already know where we will construct them. The Mayor stated that there is a process to go through to do that. Councilman Hopper asked if there were towers that already exist that could serve some of the receivers, if so there is no sense in ordering the towers. The Mayor stated that Council just heard comments that that is not possible. Councilman Hopper asked if we already looked at other tower facilities that were located in the city and determined that they were unacceptable for use. Law stated that the only place he could think of was a cell tower. He stated that the price of this doesn't match what you would have to pay in rent for one of those. Councilman Wells stated that tonight we are asked to look strictly at the cost issue and decide if it is acceptable. The land use issue is a different issue that would be addressed per policy. Councilman Hopper stated that he worries that due diligence isn't always done ahead of time in the planning process for some ofthe pieces ofthis project. MOVED by Dakan, SECONDED by Wells to administratively cover the cost of the towers associated with the grant for the new communications system for the City. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Ozuna. Those voting no: Hopper. Absent and/or not voting: Oates. MOTION CARRIED (EXECUTIVE SESSION) MOVED by Hopper, SECONDED by Blacker that pursuant to Idaho State Code Section 67 -2345 that the City Council convene into an Executive Session for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED Council convened into the Executive Session after which they reconvened into the Regular Meeting. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,048,954.78 for the period ending February 18, 2004 and a net payroll of $188,097.96 for the pay period ending February 7, 2004. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,048,954.78 represented by check numbers 19232 through 19468 and the total payroll for the amount of $188,097.96 represented by check numbers 4527 through 4597 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Wells, Blacker, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED The Mayor stated that there is a proposal from the Golf Board that has been approved as a recommendation and doesn't require Council action. 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