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HomeMy WebLinkAbout1985-06-17city council minutesBook 26 REGULAR MEETING June 17, 1985 7:30 p.m. The Meeting was called to order by Mayor McCluskey. Page 100 The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The roll of the City Council was called with the following members present: Mallea, Marcus, Cowles, Norman, and Carter. Absent: Raymond. (APPROVAL OF MINUTES) It was MOVED by Cowles, SECONDED by Norman to dispense with the reading of the minutes of the Regular Meeting of June 3, 1935, and the Regular Meeting of June 10, 1935, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to bring anything before the City Council that was not on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. NEW BUSINESS The Mayor stated that he would request action from the City Council to allow the sixth item on the Agenda to be moved up to number one as there was a number of people present for this particular item. MOVED by Cowles, SECONDED by Mallea to change the Agenda to allow the sixth item to be moved up to number one. MOTION CARRIED (`I'RUMBULL ANNEXATION - 35 ACRES SOUTH OF USTICK AND EAST OF LAKE AVENUE) The Mayor asked if there was anyone in the audience who arrived late that did not have the opportunity to sign up to speak with regard to any of the public hearings on the Agenda. The Mayor then requested that Mrs. Robison proceed with the explanation of the request made by Mr. Trumbull for annexation of thirty -five acres south of Ustick and east of Lake Avenue. Mrs. Robison explained that the property was a thirty -five acre parcel on the southeast corner of Ustick Road and Lake Avenue which she pointed out on a map for the benefit of the City Council. The necessary procedure would be to change the Comprehensive Plan and zoning of the property upon the annexation. In order for property to be annexed, it must meet requirements of Idaho Code 50 -222 which has been accomplished for this particular piece of property. It was requested by the property owner and it was contiguous to the City Limits on the north boundary. The action by the City Council would be to declare this property a part of the City by Ordinance. According to the Caldwell zoning Regulations, prior to annexation of an incorporated area, the Council shall receive a recommendation from the Planning and zoning Commission on the proposed Plan and zoning changes for the area when annexed. The Commission and Council are to follow the notice and hearing procedures provided in Section 67 -6509 Idaho Code and 6 --4 -3B of the Caldwell Code. Immediately following the adoption of the Ordinance of annexiation, the Council shall amend the Plan and the zoning maps. Book 26 Page 101 Mrs. Robison further said that the legal requirements have been met regarding this property in that the Planning and Zoning Commission have established and held a public hearing, has reviewed the request and has advertised the hearing and is now ready to be heard by the City Council. The legal description of the property was Lot 4, Section 1, Township 3 North, Range 3 best of the Boise Meridian, Canyon County, Idaho. The annexation of a 35 acre parcel of land on the corner of Lake Avenue and Ustick Road was for purposes of developing a mobile home park which could be served by the city water and sewer systems. In the County it was shown as R -1, low density residential and the City's Comprehensive Plan shows it as medium density residential and the request was for a C -3 Commercial Zoning and a Frame and Service Commercial land use upon annexation. This particular zone would serve the proposed mobile home park in that a special use permit would allow a mobile home park in C -3 zone and is contiguous to commercial zone on the north side of Ustick. Mrs. Robison further stated the Findings and Order and Conclusions from the Planning and Zoning Commission which are attached to these minutes as Exhibit A. The recommendation from the Planning and Zoning Commission was that the 35 -acre parcel requested by T and D Partnership be annexed into the City as frame and service commercial on the Comprehensive Plan and C -3 service commercial on the official. zoning map of the City of Caldwell. The Mayor then read through the rules that have been established with regard to the public hearings before the City Council. it was then determined by the City Council that five minutes would be allowed for each person addressing the Council. Before calling on those who signed up to speak, the Mayor emphasized the fact that on this particular issue, he would request that the discussion be directed towards the Plan and Zone Change and not to discuss the proposed mobile park. The Mayor then requested that the City Clerk swear in as a group all of those who were planning to testify. The meeting was then opened by the Mayor for the public hearing and those signed up were called on as follows: Dennis King with J.U.B. Engineers representing Mr. Trumbull. Mr. King stated that the Staff report was so thorough that he would not add anything at this point, but would be happy to answer any questions. Jimmy Upson, Route 8, Box 12, Caldwell - His home was right across the street from the proposed development. There was a petition that he would like to present to the Mayor and City Council (The petition was then entered into the Record as Exhibit B) and Mr. Upson passed out copies to the Mayor and Council. There was some particular points that they would like to cover and Mr. Upson asked if he could request that Mr. Ted Rickwa go over their concerns. Mr. Ted Rickwa, Lake Avenue, Route 8, Caldwell - Mr. Rickwa stated that his home was across the street from the proposed site of annexation. Mr. Rickwa said that he might be out of order because his remarks loomed around the idea of the mobile home park. The way he saw it was that the annexation was for the purpose of the mobile home park. As far as annexation, the group feels strongly that if this property is annexed for the purpose of rezoning, they were not in favor of changing the zoning - but, they would like to see a time period set on the development that goes into this property. If that development doesn't occur in a certain time, they would like to see that it be reverted back to the present zoning which was R -1, Mr. Rickwa commented that it was difficult to make his presentation without bringing out the proposed mobile park. They were concerned as residents that there could be a number of businesses that could come into the area if rezoned commercial. It was their hope that it would develop into homes that would be a benefit to their property value and the atmosphere of the neighborhood. The group realized Book 26 Page 102 that the purpose of the annexation was for the previous business impending - the purpose of a mobile home park. Would this be the feeling of the Council when they vote on the issue? The Mayor explained at some length that he would hope not and the particular reasons the City would like to have the area or any area annexed. Councilwoman Mallea also addressed the group saying that the decision to make at this time was whether or not commercial is the proper zoning for that piece of property and to make the decision in the best interest of the City. Then the uses would be determined. Jimmy Upson added that one concern was that the Vallivue School District would be in trouble with normal growth in about three years. They were becoming overcrowded and the impact of new development in the area under discussion could make it a serious problem. There was also concern with regard to the water available for development. The Mayor assured him that this was no problem. Ernie Ross - Route 8, Box 10 - Chose to pass. Connie Blayney, Route 8, Box 38 - Her home was about a quarter mile south of the proposed annexation. Her husband had a Veterinary Clinic on Cleveland and one of the concerns they had was the traffic problems. At times over the weekends or when there is dollar night at the drive-in movie, Ustick to Cleveland is at times completely blocked as is Lake Avenue to Cleveland. With the addition of more development, she would request that the City give serious consideration to the traffic problems. Pat Rickwa, Route 8, Box 13, Caldwell - Chose to pass. Hazel Phillips, Route 8, Caldwell - Chose to pass. Rodrick Phillips, Route 8, Caldwell - Chose to pass. Wilma Hodge, Route 8, Box 11, Caldwell - Chose to 'pass. Doyle Hodge, Route 8, Caldwell - would second all that has been said. Rod Trumbull, Box 36, Caldwell - Chose to pass. The Mayor then asked if the City Council members had any questions to direct towards this request. Mrs. Robison explained the definition of R -1 zone for the benefit of the Council and audience as requested by Councilwoman Mallea. Mr. King also asked for a clarification on the densities that would be allowed in the various zone classifications. Mrs. Robison did clarify this as requested. The entire tape from this hearing is on file in the Office of the City Clerk. The Mayor then declared the public hearing closed. After further discussion among the City Council members, it was MOVED by Mallea, SECONDED by Norman that the City Council concur with the Findings of Fact and the Conclusions of Law of the Planning and zoning Commission and that the Comprehensive Plan be amended to allow Frame and Service Commercial uses in this area. Roll call vote. Those voting yes.: Mallea, Marcus, Cowles, Norman, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Norman, SECONDED by Cowles that the zoning in the area under discussion be designated as C -3 Service Commercial. Roll call vote: Those voting yes: Norman, Carter, Mallea, Marcus, and Cowles. Those voting no: none. Absent and not voting: Raymond. Book 26 MOTION CARRIED Page 103 Mrs. Robison explained that a Resolution will now be prepared on the Comprehensive Plan change and an Ordinance on the zone. These documents could be ready for the next Regular City Council Meeting on Monday, the 24th of .Tune. if those in opposition to the decision of the Planning and Zoning Commission to grant the Special Use Permit cared to appeal the decision, the appeal must be filed within five days. (PUBLIC HEARING ON MCGARVIN PROPERTY ANNEXATION) The Mayor requested that Mrs. Robison give a brief explanation of this request for annexation. Mrs. Robison informed the Council that Mr. McGarvin has requested annexation of 1,275 acre tract of land for industrial purposes. This land was westerly of the Caldwell Treatment Plant and north of Kit Avenue. There was industrial uses in the area, the property was contiguous to the city limits. The request was to zone the land as M -1 light industrial which will accommodate the uses Mr. McGarvin has in mind which would be a shop. City water was available. The Planning and Zoning commission Findings and Order are attached to these minutes as Exhibit C. The Mayor opened the Public Hearing and stated that the only person signed up to speak was Jim McGarvin, 1608 Parker. Mr. McGarvin informed the City Council that his plans were to put an office, a shop, and a storage facility on that property. As there was no one else requesting to speak, the Mayor declared the Public Hearing closed. He then ask for action on this request from the City Council. MOVED by Carter, SECONDED by Mallea that the City Council concur with the Findings of Fact and Conclusions of Law of the Planning and Zoning Commisssion and that a Resolution be drawn to amend the Comprehensive Plan for this property to light industrial. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, and Norman. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Carter, SECONDED by Mallea that the zone for this property be designated as M -1 light industrial. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, and Norman. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (VALLEY PENTECOSTAL CHURCH ANNEXATION - 16 ACRES AT SOUTH FLORIDA AND OWYHEE) Mrs. Robison pointed out this property on the map for the benefit of the City Council and the Mayor,. She explained that the annexation request was for 16 acres in the Southwest Quarter of the Southeast Quarter of Section 23, bordered by South Florida Avenue and Owyhee Lane for residential uses, a future church and possible future retirement home to be served by city utilities. The request was submitted by Norman Rutzen for the Valley Pentecostal Church. The original request for land use for annexation was for single family residential along Owyhee Lane and the rest to be medium density residential. The Church could go in the single family residential zone, but the senior housing as planned would be by a special use permit in the R -2 zone. The Commission held a hearing and received testimony. There was quite a bit of concern expressed by properties to the north and also to the east about any development on septic tanks. It was Boom 26 Page 104 felt that the profile in the area coupled with irrigation would lead to some serious drainage problems on their property. The Commission evaluated the situation and felt that low density residential would be best on the whole development at this time. The Commission sent a memo to the City Council which was as follows: It was the unanimous desire of the members of the Planning and Zoning Commission to share with the City Council some concerns about the development proposed for the 16 acres bordered by Florida and Owyhee. Although there are credible indications that the parcel could accommodate some septic tanks with no threat to neighbors to the east, the members of the Commission felt there was valid basis for the concerns expressed by many of these residents. Therefore, the Commission would like to re- emphasize the sentiment expressed in Finding of Fact No. 13 as stated in the minutes of the March 21 meeting. We strongly recommend that an adequate sewage precede any residential development of the property. Mrs. Robison further said that Mr. Rutzen has been consulting with the City and Mr. Feller, who has property across Florida from him, has also been in. Plans were underway to get sewer to serve the area in the near future. The Findings of Fact and Conclusions from the Planning and Zoning Commission are attached to these minutes as Exhibit D. The Mayor then declared the Public Hearing in session and asked that Mr. Rutzen come forward, who was the only signature on this particular item. Mr. Rutzen, 802 Suncrest, Caldwell - Mr. Rutzen informed the Council that he had conferred frequently with the Planning and Zoning Office and the Engineering Department, He felt that the problems were worked out as the engineering was done on the sewer design and they were intending to proceed. If anyone had any questions, he would be glad to answer_ them. The sewer would be done in cooperation with Val Feller and there would be no septic systems. As there was no one else who cared to speak to this request, the Mayor declared the public hearing closed and ask for action from the City Council. MOVED by Mallea, SECONDED by Cowles that the City Council concur with the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and that a Resolution be prepared to change the Comprehensive Plan for this property as requested to low density residential. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Norman, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Mallea, SECONDED by Norman that the zoning for this property be designated as R -1 single family residential. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Norman, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (JERRY JACKSON, ET. AL., COURTHOUSE AREA ON ALBANY) Mrs. Robison stated that this was not an annexation, - it was a request to change the Comprehensive Plan for commercial uses and also a rezone fo C -2 community commercial. The request was Book 26 Page 105 initiated by Jerry Jackson. The Commission has experienced a few other requests for professional offices in that area in the last few years and felt that she should contact some other property owners to see if they would be interested in having their property rezoned for commercial. All she contacted responded that they would like to be included so since it was a larger area, the Commission recommended that the Plan be changed as well as the zoning. There was no testimony received at the Commission's hearing and a copy of the Findings and Order are attached to these minutes as .Exhibit E. The legal description for the area was Lots 1 -7, Block 86, and 6 -12, Block 87, Original Townsite. The Mayor then declared the public hearing open and informed the City Council that no one signed up to speak with regard to this request. Mr. Jackson did state, when questioned by Councilwoman Mallea, that he had some inquiries to sell the property and in order to sell, it would have to be commercial for an office building. The Mayor then closed the public hearing and ask for action from the City Council. MOVED by Mallea, SECONDED by Norman that the City Council concur with the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and that a Resolution be drawn to change the Comprehensive Plan to general commercial for the property under discussion. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Norman, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Mallea, SECONDED by Norman that an ordinance be drawn to change the zoning from R -3T to C -2 community commercial, Roll call vote. Those voting yes: Mallea, Marcus, Cowles, - Norman, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (VAL FELLER .ANNEXATION) Mrs. Robison informed the Council that she contacted Mr. Feller when Mr. Rutzen's request came to the City's attention. Mr. Feller's parcel, which was about 600 feet long and about 200 feet wide on the west side of South Florida Avenue, would become surrounded by the city limits once Mr. Rutzen's property was annexed. Mr. Feller said he would be interested, but would like to get sewer to the area as it would fit in with future plans he had on his property. He would like to have the parcel annexed as C -4 freeway or interchange commercial and brought in on the Plan for commercial land uses. The Planning and Zoning Commission Findings and Order are attached to these minutes as Exhibit F. The Mayor then opened the Public Hearing and informed the Council that no one had requested to speak to this request. Mr. Rutzen did state that he had talked with Mr.. Feller and he was in favor of the recommendation from the Planning and Zoning Commission. The Mayor then closed the hearing and ask the Council to take action. MOVED by Carter, SECONDED by Cowles that the City Council concur with the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and that a Resolution be drawn to change the Comprehensive Plan to general commercial for the property as described. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, and Norman. Those voting no: none. Absent and not voting: Raymond. Book 26 MOTION CARRIED Page 106 MOVED by Carter, SECONDED by Cowles that an Ordinance be drawn to designate the zoning for this property as C -4 freeway or interchange commercial, Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, and Norman. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (CHALET PLAN AND ZONE CHANGE - VAL FELLER) Mrs. Robison stated that Mr. Feller also submitted a request to the Commission that the Chalet be rezoned from R -1 to commercial W . w _ because that was how the property has been used for years. It should have been zoned for that use when the City adopted the Comprehensive Plan and subsequent zoning in 1977. In order to do something with the property, he would like to have the plan change from low density residential to general commercial and the zone change from R -1 single family residential to C -4 interchange or freeway commercial. The Mayor then declared the public hearing open and since no one had signed up to speak towards this request, he asked the Council if they had any comments at this time. As the Council did not have any questions, the Mayor declared the Public Hearing closed and asked for action from the Council. It was MOVED by Norman, SECONDED by Cowles that the City Council concur with the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and that a Resolution be drawn to change the Comprehensive Plan for this property to general commercial from single family residential„ Roll call vote. Those voting yes: Norman, Carter, Mallea, Marcus, and Cowles. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Norman, SECONDED by Carter that an Ordinance be drawn to designate the zone C -4 freeway or interchange commercial. Roll call vote. Those voting yes: Norman, Carter, Mallea, Marcus, and Cowles. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (FINANCIAL REPORT) Councilman Norman reported that the Finance Committee met and went over all of the bills. There was a payroll in the amount of $169,897.30 with fringe benefits in the amount of $53,601.82 malting a total of $223,439.12. The accounts payable in the amount of $215,215.43 making a grand total of $438,714.55. MOVED by Norman, SECONDED by Mallea that approval be given for the bills to be paid, the checks drawn, and the Requests for Payment filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea stated that the Flag ceremony at the Police Department went very well. The Anderson family was very well represented and they seemed to be very pleased. The Fire Department requested that she remind the City Council that the Fire School was to be held this week at the College of Idaho. The opening ceremonies are to be on Wednesday, classes on Book 26 Page 107 Thursday, a hose competition, a barbecue and a banquet on Friday. The Council was invited to attend any or all of these activities. Councilwoman Mallea also informed the Council that she had been requested by the Finance Officer to have a work session on the Labor Standards Act. After discussion, it was decided that they would all come to the Staff Meeting on Friday at which time this Act would be discussed with the Staff and the Council. Councilman Cowles said that he would like to compliment Councilwoman Mallea on the Flag Ceremony at the Police Department. Councilwoman Marcus reminded the Council of the Chamber of Commerce dedication of the new building that will be built at 11:30 a.m. on Thursday at J.C. Park. The new Chamber Director will be here for that and also for a luncheon on Wednesday at the Saratoga. Councilwoman Marcus also said she would like to thank the City for allowing her to attend the Convention at Couer d'Alene. (MAYOR'S COMMENTS) The Mayor informed the Council that the City Engineer did receive bids on the L.I.D. 85 -1 and would ask him to report on that at this time. Mr. Redmond stated that the bids were ooened for L.I.D. 85 -1 which was for Hillcrest and Florida, North Indiana, Paynter, Wisconsin, and willow and a section of sewer off Rice Road. There was three bidders; J.M. Hess, Nampa Paving, and Idaho Sand and Gravel. The low bidder was Idaho Sand and Gravel in the amount of $363,633.09. The bids were reviewed and all seemed to be in order and the bid was substantially less than the Engineer's estimate. All but two of the parcels of right of way have been obtained which the City has to have to finish the project. His Department was working on the other two parcels at this time. It was Mr. Redmond's recommendation to the City Council to award the bid to the low bidder. MOVED by Mallea, SECONDED by Norman to award the bid for L.I.D. 85 -1 to the low bidder Idaho Sand and Gravel in the amount of $363,633.09. MOTION CARRIED Mr. Redmond further informed the City Council that he would like to have some direction as to how the Council would like for him to proceed with regard to the irrigation problems. His Department has received responses from the questionnaires and he explained to Council how the information was broken out. This item was discussed at some length by the City Council and Mr. Redmond. It was determined that the City would have a Town Hall Meeting in the near future on the irrigation problems in order to receive input from the citizens. There being no further business, the Meeting was adjourned at 9:15 P.M. APPROVED AS written July , 1985. 1st _ 'HIS Mayor DAY OF Book 26 c a ifiTc igp�ers on )ZY-7 - 9L C.ouncilperson Councilperson ATTEST: Page 108 C i t y ty C