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HomeMy WebLinkAbout2004-04-05city council minutesREGULAR MEETING APRIL 5, 2004 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor asked that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Blacker, and Oates. Absent: Dakan and Wells. The Mayor indicated that Councilman Dakan was taking care of his wife who was ill and Councilman Wells recently had back surgery. SPECIAL PRESENTATIONS The Mayor presented an Employee of the Month plaque to Officer Bobby Goff. He read a letter that was submitted by a fellow officer and approved by Chief Sobba. The Mayor introduced his exchange student from Brazil, Julia Olivera Lonza Tolichino. The Mayor recognized Janie Archuleta for her 6 years of service on the Planning & Zoning Commission and presented her with a plaque. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Ozuna to move Item 7 under the Consent Calendar to a discussion item as Item 3a under New Business. Also, the Executive Session under New Business is for discussion of both litigation and personnel issues. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED AUDIENCE PARTICIPATION Elaine Trusty, 4406 S. Idaho Avenue, stated that the City did an LID on her street a couple of years ago that amounted to almost $6,000. Recently, she found that the City had put a lien on their property. She stated that she called and spoke with E1Jay Waite and Kevin Murphy who stated that she needed to have a subordination to the new lender and it couldn't be done. City staff stated that the LID would have to be paid off. She stated that the City told her when they did the LID that they had no choice in the matter and they had 10 years to pay off the LID at a rate of 3.787. Trusty explained the financial hardships she has recently experienced and stated that she would not be able to do a full doc -loan and would need to do the VA streamline refinance. She feels that she is being penalized by the City because she is required to pay off the LID when she refinances before the 10 years is up. She asked for the City's help to subordinate. She stated that the City would be in the same position as they are now and that she would pay off the LID. She stated that she spoke with a VA representative who told her that federal government comes before any city or state. She was informed that since this was a VA loan the City needs to subordinate to the federal government. Trusty offered to supply any necessary documents needed to get this loan done. Mark Hilty, City Attorney, stated that he looked at the subordination agreement that the City had received from the lending company. It was a straightforward subordination and would put the City's LID behind a significant first mortgage on the property. State Code provides that LID's are a first priority lien. He stated that the money is not due now and it is not in default; but it does constitute a lien until it is paid off. Hilty stated that he sent a letter to E1Jay Waite stating that if the City subordinated its lien to a first mortgage it would change the City's position in terms of its security and would assume second place. If the lien was not paid and the City had to foreclose, the City would take the property subject to an existing mortgage of approximately $120,000. Hilty continued: it appeared that the City was being asked to do something that the legislature passed a statute to keep from happening. He did not see where it was a benefit for the City or where there was a requirement under law that this occurs. Hilty stated that the Council has the authority to do this if they would like. He added that they are dealing with taxpayer dollars that have constructed an improvement that enhances the value of this property. The value of the property is what the City is secured in. This would transfer the value that the taxpayer dollars caused to secure the mortgage lender instead of the City. He stated that this might not be in the best interest of the taxpayers who funded the LID. This is a request that could come up often and if the City gets into the position of subordinating LID's to accommodate the lending desires of private individuals, we could get into a position where we are greatly diminishing the statutory priority of those liens. Trusty asked how many of those possible other requests would be a result of a VA loan? She stated that she is in the mortgage business and knows that first mortgages take priority over anything else that comes behind. She stated that the City is not in any different position. Hilty stated that he had read that it was a priority lien ahead of a purchase money mortgage and that this would diminish the City's security position. The Mayor stated that Council appreciates Trusty's issue. He stated that they would have to take it under advisement and let the Council be informed. If they chose to, they could bring it back up at a later meeting. He stated that approving this would set a precedent for future requests and they would need to make sure that they were in a firm position. 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 March 15, 2004 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Library Board held on February 5, 2004; the Caldwell Historic Preservation Commission held on January 14, 2004 and February 11, 2004; the Caldwell Industrial Airport Commission held on March 7, 2004; and the Caldwell Public Hearing Before Hearing Examiner held on January 28, 2004, January 30, 2004, and February 25, 2004; 3. Approve Order of Decisions on Case No. SUB- 51(5)F -00 (South Park #2 Unit No. 5); Case No. SUB- 98P -03 (Holman Subdivision); and Case No. ANN -86 -04 and SUB- 99(P) -04 (Family YMCA); 4. Approve appointments of Janelle Kelly for a three (3) year term, Christy Marroquin for a three (3) year term, and Gene Shaffer as an alternate to the Planning & Zoning Commission; 5. Approve Resolution No. 39 -04 authorizing the acceptance of a temporary turnaround easement from Saint Alphonsus Regional Medical Center, Inc for Medical Way Subdivision No. 1; 6. Approve Resolution No. 40 -04 authorizing the execution of a Professional Services Agreement with HDR Engineering for the design of the Georgia Avenue and Stocktrail bridges in Griffiths Park. MOVED by Hopper, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED OLD BUSINESS - None - NEW BUSINESS (PUBLIC HEARING TO CONSIDER PUBLIC DEBT COLLECTION FEE) The Mayor indicated that no one was signed up to speak at this public hearing. E1Jay Waite, Finance Director, 1910 E. Homedale Road, gave the staff report. He submitted the affidavit of publication that shows that this hearing was properly noticed on two printings in the Press Tribune. He also submitted Idaho Code 67 -2358, which talks about the collection of public debts and fees. Waite stated that the purpose of the hearing is to present the proposal to add a collection fee associated with the collection of bad debt and to hear public testimony on it. The collection fee as stipulated in Title 67, Chapter 23 cannot exceed 33% of the unpaid dept per account. The Finance Department is requesting the establishment of a 33% fee to be added to the unpaid debt when debts go delinquent. This fee will result in the City receiving 100% of the amount due; rather than taking a loss for sending the debt to collections. Waite noted that since the institution of the $100 deposit on utility accounts, the bad debt has gone down. Waite added that he believes that the accounts that are larger than $125 and go to collections would have a substantial fee increase that would prompt the debtor to repay the debt before the fee is assessed. In that case, the City would collect 75% of the bad debt that is currently going there. Councilman Oates asked Waite what other cities were doing with regards to collections. Waite stated that he does not know specifically what other cities do; however, this item was brought to his attention by the collection agency the City works with because of their work with other communities. Waite stated that this item was specifically designed in the statutes to protect the cities and make sure the debt came back to them. Councilman Oates asked if this fee would apply to many customers. Waite replied that the City would have about $2500 per month and the City would not have to expend extra resources to collect that debt. Councilman Oates asked if service is continued while the City tries to collect on bad debt. Waite stated that services are discontinued when they are delinquent by a certain amount and period of time. The Mayor asked Gordon Law to review the utility policy regarding collection. Law stated that residents have a total of 70 days before they are shut off. At that point they must bring it current or it ends up in collections. The Mayor asked how many days after the shut off date an account is sent to collection. Law stated that it goes after 90 days. Waite stated that anyone who pays their debt before it goes to collections is not subject to a 33% fee. That percentage is not added until the debt leaves the City and goes to a collection agency. Councilman Blacker asked for the annual amount of bad utility debt. Waite stated that last year it was approximately $100,000 and it is the City's hope to reduce that to less than $10,000. Councilman Oates asked if the $100,000 is the amount that was never recovered. Waite answered that that is correct. Councilman Hopper stated that if the City can save $90,000 it would expect to return that money in lower rates or potential service increases for next year. Waite stated that he would leave that to the utility group who has to look at increased costs. This would allow them some latitude in what fees have to be charged if you can save that bad debt. MOVED by Hopper, SECONDED by Blacker to close the public hearing Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to approve this collection fee for bad debt and authorize staff to move forward to contract with a collection agency to provide that service. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED The Mayor recognized Mrs. Jackson, a government teacher, and had her students introduce themselves. The Mayor also recognized Mr. Wynkoop, COMPASS Board member and Ada County Highway District Commissioner. (PUBLIC HEARING [LEGISLATIVE] ON CASE NO. OA- 52 -04, A REQUEST BY THE ECONOMIC DEVELOPMENT COUNCIL TO AMEND ZONING ORDINANCE NO. 1451 BY ADDING "OFFICE, MEDICAL, PROFESSIONAL" IN THE LIST OF PERMITTED USES ON THE LAND USE TABLE IN AN M -1 [LIGHT INDUSTRIAL] ZONE) The Mayor declared this hearing open. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., gave the staff report. She noted that individuals have expressed interest in locating a call center or office in areas zoned M -1. In particular, a call center has expressed interest along Hwy 20 -26 corridor. This area is zoned M -1. A call center is a use that is less intensive than the uses generally found in that zone. Staff is supporting this text amendment. Steve Fultz, 704 Blaine Street, stated that the Caldwell Economic Development Council has had a number of inquiries from prospects looking for sites for call centers ranging from 10,000 to 150,000 square feet and employing anywhere from 100 to 600 people. He added that there are a number of sites currently zoned M -1 that look to fit some of the needs they would have from a land use perspective. Fultz stated that this change would allow more opportunities to show locations to various groups that would look at employing a significant number of people with a fairly large facility. Councilman Hopper asked Mr. Fultz if there were any concerns that this light industrial use may have conflicts with the heavier use operations that could hamper the operation of the call center. Fultz stated that they have been looking at giving the opportunity and they are explaining those risks. The decision is left up to them. MOVED by Ozuna, SECONDED by Hopper to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Ozuna, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff report and sign -up sheets. MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: 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, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, Public testimony that was given tonight, the evidence list as presented, and the fact that there was no testimony in opposition to the applicant's request. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this case and to make the decision to approve or deny, the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. OA- 52 -04, a request by the Caldwell Economic Development Council to amend Zoning Ordinance No. 1451, Article 2, Section 10- 02 -02, Land Use Schedule, Commercial Categories, by adding "Office, Medical, Professional" to the list of permitted uses in an M -1 (Light Industrial) zone is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED (CONSIDER BILL NO. 10 [ORDINANCE NO. 24961 ON CASE NO. OA- 52 -04, WITH REQUEST TO WAIVE THE THREE READING PROCESS AND PASS BILL NO. ON THE FIRST READING) The Mayor read Bill No. 10 by title only: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: AMENDMENTS TO ARTICLE 2, SECTION 10 -02- 02, LOAND USE SCHEDULE, TABLE 1, BY ADDING "OFFICE, MEDICAL, PROFESSIONAL" TO THE LIST OF PERMITTED USES IN AN M -1 (LIGHT INDUSTRIAL) ZONE. REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Ozuna to waive the three reading process and pass Bill No. 10 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 10 and move for its passage. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE] ON CASE NO. OA- 53 -04, A REQUEST BY THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DIRECTOR TO AMEND SUBDIVISION ORDINANCE NO. 1758 FOR PURPOSE OF MODIFYING THE DEFINITION OF SUBDIVISION FOUND IN SECTION 11 -01 -04 BY QUALIFYING WHAT CONSTITUTES A BUILDABLE LOT, TRACT OR PARCEL) The Mayor declared this hearing open. Steven Hasson, Community Development Director, 621 Cleveland Blvd., gave the staff report. He noted that there is a lot of old language that needs to be cleaned up. Hasson stated that the subdivision definition needs to be revamped to make more sense. The present language requires that a subdivision of land is dedication through or along any tract of land even when the land division is intended to serve a public purpose that is incidental to the adjoining lot, tract, or parcel that you need to go through the subdivision process. Hasson read from the staff report. He noted that he has discussed this with the Public Works Director and they are in agreement that this would facilitate the acquisition of land very incidental to public purpose without going through the subdivision process and thereby save a lot of money and help the Engineering Department. The Mayor asked for an example of where that may have occurred or may come into place. Gordon Law, City Engineer, 621 Cleveland Avenue, stated that the most common incident is a dedication of a narrow strip of right -of -way to facilitate the widening of a road. Councilman Hopper asked if this would also apply to dedications of pathways. Law stated that that is correct as long as the resulting lot or split did not create a buildable lot. MOVED by Hopper, SECONDED by Blacker to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Sign -up sheets and staff report. MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: 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, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony given tonight, the evidence list as presented and the fact that there was no testimony in opposition to the applicant's request. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this case and to make the decision to approve or deny, the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. OA- 53 -04, a request by the Community Development and Public Works Director to amend Subdivision Ordinance No. 1758, Section 11 -01 -04 for purpose of modifying its definition of subdivision is hereby approved. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED (APPROVE RESOLUTION ACCEPTING THE RECOMMENDATION THAT RIGHT -OF -WAY IN THE IMPACT AREA ON THE '/4 SECTION LINE OF SECTION 29, T4N R3W, BE RESERVED FOR AN EXTENSION OF WALKER DRIVE [VACATE PORTIONS OF LOGAN STREET]) The Mayor stated that this was not noticed as a public hearing but Council will accept any comments from the public. The Mayor read the Resolution: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO, RECOMMENDING THAT RIGHT -OF -WAY IN THE IMPACT AREA ON THE '/4 SECTION LINE OF SECTION 29, T4N R3W, BE RESERVED FOR AN EXTENSION OF WALKER DRIVE. The Mayor read a letter from David Wynkoop requesting that this item be removed from the Consent Calendar and moved to the discussion agenda for consideration. Gordon Law, City Engineer, 621 Cleveland Blvd., gave a brief summary of the history on this vacation and the process of vacations. He referred to the memo that City Council received on this matter. When a person requests the vacation of public right -of -way within one mile of city limits or within the area of impact of that city then it is the responsibility of the Highway District to receive the consent of the City for the vacation of the right -of -way requested. Law stated that three weeks ago Canyon Highway District No. 4 sent notice of a pending hearing on a vacation request. The right -of -way in discussion has a portion that extends north -south and a portion that extends east -west. The Highway District requested that the City take an official position on the vacation request. Thus, the Engineering Department has submitted an analysis of the request in the City's interest. The Engineering Department's recommendation was to not give consent to vacate the north -south portion of the right -of -way. The east -west portion of the requested vacation does not lie along the quarter line or the section line and the Engineering Department recommended that Council consider not making a judgment on that portion but leave it to the Highway District in the public hearing to take testimony. Law stated that both attorneys representing both sides on this request did contact him and Mr. Wynkoop has requested to address Council on this request. David Wynkoop, 730 N. Main Street, Meridian, stated that he represents Mrs. Wint who is the property owner immediately to the south of the right -of -way proposed to be vacated. He referred to the map in the Council packets. He stated that he is almost entirely in agreement with the staff recommendation. He agrees with the recommendation to not consent to the north -south leg because it will extend to Walker Drive and provide necessary neighborhood interconnectivity. He stated that under the statute, it is the intent that the Council should have a say as to whether right -of -ways should be vacated. The reason for this is that the City will eventually end up with it. Wynkoop stated that the standard for vacations is that the relevant governing bodies must make a finding that it is in the public interest for the vacation to occur. He requested that the Council's resolution treat the east -west segment. He added that they have been in litigation for about two years on this issue. He stated that the court has ruled against the property owners who sued Mrs. Wint. The court has determined that that area is public property. The next step the petitioners have attempted is to go to the various agencies and asking them to vacate that area so they can have some of that property back. Wynkoop stated that they are opposed to that because Mrs. Wint has had access to Logan Street by a driveway for 35 years. She also owns 10 acres immediately to the east of her 5 -acre parcel. At the current time, Walker Drive has a large pond on its southern end. That is not practical access for Mrs. Wint at the current time. The north -south leg has a large shed in the middle of it. Wynkoop stated that they believe that the grandparents of the petitioners home is located about 10 feet from the north -south segment. The north -south segment will provide wonderful interconnectivity some day in the future. It is unknown when that development will occur. It will probably occur when residential development occurs and then there will be a need to open that north -south all the way through including through Mrs. Wint's property. In the mean time, the east -west segment needs to be opened or preserved now in order for Mrs. Wint to have legal access to Logan Street today. Wynkoop suggested that when development occurs, he thinks that the east -west segment will provide for a valuable neighborhood street. He added that there was a lot of testimony before the Highway District that the curve in Logan Street is hazardous. He is not sure that the current Logan Street, which is only a prescriptive right -of -way, will remain in its current location. This makes it more important that Mrs. Wint has access to the Logan Street in the future and now. Wynkoop suggested waiting for a development application before determining to vacate. Wynkoop stated that there was a lot of testimony at the Highway District meeting from the petitioners about why they felt it would be in their interest to have the vacation occur. There was no testimony as to why it would be in the public interest. Wynkoop noted that the petitioners want both the north -south and east -west segments vacated because otherwise, they are left with a small parcel. They are under orders to relocate their mobile home because they placed it in violation of Canyon County Ordinances. One reason they are asking for this vacation is to try to give them as much space as possible on this small parcel. Wynkoop suggested that the resolution indicate that the Council does not consent to the vacation of the east -west segment. Councilman Hopper asked if there is any right -of -way to the east of the Walker Drive intersection with the old Logan Street. Wynkoop stated that currently there is not. He added that Mrs. Wint has no present intention to develop. She would like to sell this property and needs to clear up the access issues to do so. Councilman Hopper asked where Mrs. Wint's current driveway access to Logan Street is and whether it involves any of the east -west right -of -way. Wynkoop stated that it does. Councilman Hopper stated that that right -of -way goes through the vacation applicant's property today. Wynkoop stated that that is correct. The Mayor asked if Mrs. Wint would loose her access if the east -west portion was vacated. Wynkoop stated that she would have theoretical access to the north -south portion that is currently unopened. The Mayor stated that because that is unopened, she would not have a driveway. Councilman Hopper asked if there was any danger to the Logan Street right -of -way in the future because it is not a dedicated right -of -way and is only prescriptive. Wynkoop stated that he has had experience on litigating prescriptive right -of -ways and the criteria has been that they would have to prove that it has not been maintained or used by the public for five years. Wynkoop stated that the court has decided four out of five issues on the litigation. The complaint that has not yet been decided is the petitioner's account of the complaint to eliminate Mrs. Wint's access to Logan Street by attempting to prove that she did not meet all the requirements for a private prescriptive easement. Wynkoop stated that he doesn't think they can make that proof, but if they did Mrs. Wint could loose all access to Logan Street. Wynkoop stated that if this Council rejected his plea on behalf of Mrs. Wint the Highway District could make a condition of a deeded driveway to Mrs. Wint. Jo Ann Lowe, 1305 S. Kimball, stated that she supports Mr. Wynkoop's comments. She is a realtor who was hired by Mrs. Wint. She stated that they discovered this discrepancy a couple of years ago. They feel that it is the best interest of the public to keep these right -of -ways open. She noted that as the City grows it will be important to have these right -of -ways open. She requested that Council decide to leave these right -of -ways open. Billie Jo Boyce, 16549 Logan Street, Caldwell, apologized that her lawyer was unable to attend the meeting due to prior engagements. Boyce stated that she is the petitioner in this case and she would like to abandon the whole road if it is possible. She noted that the road was one road right -of -way and was swapped for the new Logan right -of -way. She noted that they closed down the old Logan because it was dangerous. Boyce stated that due to some Canyon County errors the road trade never went through the correct paperwork. She noted that they thought they owned the land and then put their house on the old road right -of -way. Boyce stated that closing the road would not block Mrs. Wint from access to her property because she has two accesses to her property. Boyce stated that this would be in the public interest because the road was dangerous and that is why it was closed in the first place. Boyce stated that they have made offers. Mrs. Wint has a ten -foot driveway going into her place and no one would be able to give her more than that because that is what she has had. The Mayor asked what type of home is built in the roadway. Boyce stated that it is a manufactured home on a permanent foundation. She also noted that her grandfather built a shop on the north -south segment. She added that they have paid taxes on the property and have deeds showing that this is their property. Councilman Oates asked about the additional access that Mrs. Wint has. Boyce stated that it comes in off of Walker and that is her true easement. Councilman Hopper asked Law about the Georgia Street vacation request in the past and what the history is on that. Law stated that that was an unopened right -of -way and the petitioner wanted the whole right -of -way vacated. Testimony was given by staff that it would be necessary to keep that right -of -way in order to have property connections for that area that was not fully developed. The City had agreed to reduce the right -of -way width to the standard for residential streets and required that a connection be made between this unopened right -of -way and another section of unopened right -of -way so that they would have the through connection. Law stated that the essence of it was that it would not be wise to cut off local access just because the right -of -way wasn't open then. Councilman Hopper asked how wide the existing right -of -way on the east -west segment is. Law stated that he is not sure how wide it is. Wynkoop stated that the width determined by the judge is 46.6 feet. Councilman Hopper asked if that would be sufficient for our local road right -of -ways today. Law stated that it would not be sufficient. Wynkoop stated that the original mobile home did not have a building permit and therefore, has been required by Canyon County to be removed. Wynkoop stated that the mobile home would need to be moved regardless of the outcome of the vacation petition. Wynkoop also noted that Boyce's statement on taxes is incorrect. He added that this is not a cooperative venture and the petitioners decided to request this vacation without notifying them. He noted that Mrs. Wint is also very deep into this situation financially. Alice Wint, 16583 W. Logan Street, stated that this all came as a surprise. She noted that she offered petitioners the 22 feet to give her a bigger driveway and they wouldn't take it. She stated that she made the same offer two years later and asked them to pay her attorney fees. Councilman Oates asked Law what the City's experience has been with resolving these types of issues with Canyon County Highway District. Law stated that state code indicates that in order to vacate the right -of -way it must lie within one mile of a city or in the area of impact. It requires the consent of the City to do that. Councilman Oates stated that if the Council recommends vacation it wouldn't demand the action of the Highway District. Law stated that if we offered our consent for vacation they would still have the opportunity to try the matter and they could refuse to vacate. They can't vacate without our consent though, according to State Code. The Mayor stated that Council has no opinion on civil matters between individuals and cannot take a position on who is right or wrong. The matter before the Council tonight is simply whether to grant consent for request of vacation or not. He added that if Council is to give their consent for vacation, it has to be in the best interest of the City and its citizens. Law stated that the Engineering Department sensed early on that the east -west segment had the most personal issues involved in it. Also, State Code does not dictate that they bring the matter to Council noticed for a hearing. He noted that they have been concerned that the more personal issues need to be tried in a properly noticed public hearing before the body that is designated by State Code to hear them. Law stated that one road lies along the '/4 section line and they have already shown a pattern of how that is to be used. The Engineering Department has already expressed the opinion to Council that they not give consent for vacation on that part. The reasoning was to reserve the other one to be tried in aforum that they felt was balanced and noticed. Councilman Oates asked if that puts us into a loop because the code says Council has to consent if they are going to vacate. He stated that by not offering an opinion on this portion, Council would have actually denied the request. Law stated that Mr. Wynkoop brought that up earlier and it would be within the Council's prerogative to amend the recommendations in a way that would consent contingent upon the Highway District's findings. Mark Hilty stated that the Highway District has held their hearing and are pending a decision until the City makes a ruling tonight. The Mayor stated that the Council needs to give a recommendation to the Highway District in the form of consenting to have both the north -south and east -west segments vacated or, if it is not in the best interest of the City, to not give consent to one or both of the vacations. Councilman Hopper weighed in on the issue. He stated that there seems to be two issues: public interest and that the area is likely to be developed. He stated that usually a request for vacation of a right -of -way comes with some enhancement to the property that benefits the public. He stated that it doesn't seem that that has been demonstrated in this case. Secondly, he stated that this is an area that is likely to be developed in the future and public issues are always at the core of those application requests. He stated that vacating rights -of -way in advance of those plans and applications does not serve the public interest in those areas. Hopper added that without some development plan or guarantee that access in this area is enhanced by other means it is difficult for him to say that there is a benefit to the public interest. Councilman Oates asked Councilman Hopper if his comments were in regards to both north -south and east -west right - of -way vacations. Councilman Hopper answered yes, he is referring to both. The Mayor asked Law if these vacations meet the usual criteria for approval. Law stated that neither of the vacations meet that criteria. The Mayor stated that the City has a precedent that they have used in considering vacations in the past and if this were before the Traffic Commission they would make the finding that this did not meet the criteria for a vacation. MOVED by Hopper, SECONDED by Ozuna to submit Resolution No. 41 -04 with an amendment that the second paragraph read that the City of Caldwell, Idaho does not consent to the vacation and recommends the amended Resolution No. 41 -04 for passage. Councilman Oates asked if this language means that the City will maintain both right -of -ways. Councilman Hopper stated that that is correct. Roll call vote. Those voting yes: Hopper, Ozuna, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Blacker reported that the Finance Committee has reviewed current accounts payable in the amount of $1,031,130.84 for the period ending March 24, 2004 and a net payroll of $185,150.45 for the pay period ending March 6, 2004 and a net payroll in the amount of $195,733.53 for the pay period ending March 20, 2004. MOVED by Blacker, SECONDED by Hopper that accounts payable in the amount of $1,031,130.84 represented by check numbers 19689 through 20072 and the total payroll for the amount of $380,883.98 represented by check numbers 4684 through 4846 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Dakan and Wells. MOTION CARRIED (COUNCIL COMMENTS) Councilwoman Ozuna commented on how pleased she was that the City recognized Jane Archuleta tonight for her service on the Planning & Zoning Commission. Councilman Hopper encouraged attendance at the ceremony to honor the City's welding artists. Councilman Oates stated that he was glad to be back. His work will continue to take him out of the area for this month. He indicated that he was very interested in making arrangements to electronically connect to attend these meetings in his absence. There was discussion about the pros and cons of using this technology. Councilman Blacker reported on CEDC. Councilman Hopper indicated that Steve Fultz has stated that there is going to be a change in focus for CEDC. (MAYOR'S COMMENTS) The Mayor reported that Rick Wells, E1Jay Waite, and he met with the Library Board and it went very well. The investment concern has been resolved. The Mayor attended a Fire Department training on the emergency management process and it was very informative. The Mayor attended the Chamber of Commerce event where they are trying to restructure the focus and it was a good meeting. The Mayor's Old Guys pummeled Parma in basketball. They are 2 -1 for the tournament. They are playing Middleton tomorrow at 7:00 p.m. The YMCA is scheduling a groundbreaking for May 5 but that date is not confirmed yet. The Urban Renewal Board meets tomorrow at noon to discuss raising their contribution to the YMCA. The Mayor's Youth Advisory Council is meeting to discuss plans for Pipe Dream Park on Saturday from 9:00 a.m. to noon at the Police Station Community Room. The alleyways have been cleaned and there were 16 kids, 4 fire fighters, 4 people from BFI, Tom Curren, Dave Garcia, and himself there to help. A workshop is scheduled on the 20'' with regards to the Fire Department budget at 6:00 p.m. at the Police Department Community Room. RRM- 6im 12 1; . . . . . . . ..... ...... ... . . . . . . . . .... , idLI, &R, � n- -ter -� 1