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HomeMy WebLinkAbout1994-06-20city council minutesBook 35 REGULAR MEETING June 20, 1994 7:30 p.m. The Meeting was called to order by Mayor Winder. The Mayor requested that everyone stand for the Pledge of Allegiance. The Roll of the City Council was called with the following members present: Raymond, Earl, Langan, Carpenter, and Houchins. Absent: Nancolas. (ADDITIONS OR DELETIONS TO THE AGENDA,) Since there were no additions or deletions to the Agenda, the Mayor stated that the meeting would continue as outlined. (INTRODUCTION OF SPECIAL "VISITORS) Mayor Winder recognized Orville Collins, representing the Caldwell Economic Project Board and also the Board of Realtors, and Jim Freeman and Adrienne Headley, representing the Committee for a Caldwell Civic Center, Inc. (AUDIENCE PARTICIPATION) Mr. John Tegge, 610 South Third, was recognized by the Mayor. Mr. Tegge commended the City for the sidewalk construction in downtown Caldwell; expressed his appreciation for the fountain in the Pioneer Plaza; informed Council of the concrete work he has been doing in his neighborhood; and commented with regard to property located at 703 and 705 South Third. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of June 6, 1994, and approve as written; 2. Accept the minutes of the Caldwell Airport Commission Meeting of June 2, 1994; Caldwell Golf Board Advisory Board Meeting of June 8, 1994; Caldwell Public Library Board Meeting of May 5, 1994; 3. Acknowledge the informational memo from the Mayor and confirm the appointment of Mr. Ben Peacock to the Canyon County Organization on Aging; 4. Approve the following Resolution authorizing cancellation of an Airport Tenant Agreement with Jay Morris; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CANCELLATION OF AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND JAY L. MORRIS BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Cancellation of Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Jay L. Morris. 5. Approve the following Resolution authorizing a new Airport Tenant Agree with Jay Morris; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT Page 141 Book 35 Page 142 BETWEEN THE CITY OF CALDWELL AND JAY L. MORRIS. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Jay L. Morris. 6. Approve the following Resolution authorizing the execution of an Airport Tenant Agreement with James Raeder; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND JAMES RAEDER. BE IT RESOLVED That the Mayor and city Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and James Raeder. 7. Approve the following Resolution authorizing the execution of an Airport Tenant Agreement with Power Systems, Inc.; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND POWER SYSTEMS, INC. BE IT RESOLVED That the Mayor and City Cleric of the City of Caldwell, be and the same hereby are, authorized to execute that certain Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Power System, Inc.; S. Acknowledge informational memo from the Airport Manager pertaining to the terminal remodel; 9. Schedule the next Regular City Council Meeting for July 5th due to the Fourth of July being on the first Monday in July. MOVED by Raymond, SECONDED by Earl to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those �roting yes: Raymond, Earl, Langan, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. OLD BUSINESS MOTION CARRIED (RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO SUB - RECIPIENT CONTRACT WITH IDA -ORE PLANNING AND DEVELOPMENT ASSOCIATION, INC.) The Mayor informed Council that the next two items were two Resolutions dealing with the Ida -Ore Planning and Development Association and their relationship to the City of Caldwell and the-Incubator Project. The first Resolution was read by the Mayor as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUB- RECIPIENT CONTRACT BETWEEN THE CITY OF CALDWELL AND IDA -ORE PLANNING AND DEVELOPMENT ASSOCIATION, INC. BE IT RESOLVED That the Mayor and City Clerk of the C -i ty of Caldwell, be and the same hereby are, authorized to execute that certain Contract attached hereto and made a part hereof as if set :forth in full by and between the City of Caldwell and Ida -Ore Planning and Development Association, Inc. Book 35 Mayor winder stated that this Resolution was with regard to the grant. The second Resolution was dealing with the receipt of grants and the contribution the City was making toward the project. Council previously authorized the administration to go ahead with the project and the City would now start handling and disbursing funds. Councilman Raymond stated that he felt it would be reasonable to state as public record the amount of the grant and the administrative costs pertaining to that, Mr. Jim Birdsall, Director of Planning with Ida -ore, stated that the total amount of funds coming to the City of Caldwell for this project was $500,000. Under administrative expenses, the total costs for this project will equal $60,000. The total project cost was a little over two million dollars. Of that, $15,370 administrative expenses, will be paid for out of the $500,000 Block Grant Funds. In addition to that Grant, there was an additional Federal Grant from the Economic Development Administration which amounted to a little over a million dollars. This Grant will cover another $29,630 of the administrative cost. In addition to that, there was a local contribution into that total $60,000 of $15,000, which was money Ida -Ore was contributing to the project. In essence, this project was structured to have minimal overhead burden on the City. MOVED by Carpenter, SECONDED by Earl that the Resolution authorizing the execution of the Sub - Recipient Contract with Ida -Ore Planning and Development Association be passed as presented. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, and Langan. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Page 143 (RESOLUTION AUTHORIZING THE MAYOR TO SIGN LETTER OF UNDERSTANDING FOR EXPENDITURE) The Mayor explained that the second Resolution involved some of the City's contribution and arrangements being made. The Resolution was as follows: WHEREAS, The City Council on the 5th day of October, 1992, passed Resolution No. 47 -92 regarding the mutual interest of Ida -Ore and the City of Caldwell in the economic development of the City of Caldwell and the surrounding region; and WHEREAS, The City Council in said Resolution identified a certain economic development strategy in support of the objective; and WHEREAS, The City has previously communicated its willingness to support that strategy as set forth in a letter dated February 18, 1993, to John D. Woodward, Regional Director, Economic Development Administration, Seattle Regional Office, in the amount of $75,000.00; and WHEREAS, Certain EDA Grant and Block Grant have been applied for and approved for funding in reliance upon the City participating in the use of certain HUD Funds for Economic Development Services for the City; and WHEREAS, Ida -Ore Planning and Development Association is a proper non - profit entity to provide those services in accordance with the above stated intent; and WHEREAS, Ida -Ore Planning and Development Association wishes to memorialize the arrangement and commitments of Ida -Ore and the City of Caldwell regarding these matters as outlined in the attached letter of understanding; and Book 35 Page 144 WHEREAS, It is necessary for the Council to grant authority to the Mayor to sign said Letter of Understanding and to provide the authority upon receipt of a proper invoice for the expenditure. NOW, THEREFORE, BE IT RESOLVED: Section 1. That the Mayor may sign on behalf of the City of Caldwell the Fetter of Understanding dated April 22, 2994, a copy of which is attached to this Resolution; and Section 2. The Finance Director is hereby authorized to pay up to the sum of $75,000.00 from H.TJ.D. funds held by the City to Ida -Ore Planning Development Association upon the receipt of the proper invoice in accordance with the serv_ces to be performed as outlined in this Resolution and as outlined in the Letter of Understanding attached hereto. MOVED by Carpenter, SECONDED by Earl that the Resolution as presented by the Mayor be passed. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl., and inngan. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (THIRD READING O BILL NO. 17 - AMENDMENT TO THE CITY CODE PERTAINING TO APPEALS TO THE CITY COUNCIL) The title of Bill No. 17 was read by the Mayor as follows: ^ AN ORDINANCE O AMEND A PORTION OF TITLE II, CHAPTER 2, PERTAINING TO APPEALS TO COUNCIL, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REPEALING ALL ORDINANTCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. The first reading of this Bill was on the 16th of May and the second reading on the 6th of Tune. MOVED by Raymond, SECONDED by Langan that Bill No. 17 be passed and entitled Ordinance No. 2030. Roll call vote. Those voting yes: Raymond, Earl, Langan, Carpenter, and Houchins. Tnose voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (DEVELOPMENT AGREEMENT IN CONNECTION WITH ZONE CHANGE FROM R -1 TO R -3 -15 (NORTH MICHIGAN AVENUE). The Planning and Zoning Director, Mr. Crooks, briefly explained that this item came before the City Council on June 6th and Staff was asked to prepare a draft Development Agreement to address a couple of issues. One of those was La Brea Street and the other a turnaround cr cul -de -sac at the south end of Michigan Avenue. This draft agreement was to be prepared for this meeting to be considered as part of the second reading of Bill No. 19. The applicant, Mr. Henry, received a copy of the draft and it was acceptable to him. Mayor Winder asked Mr. Henry if the Agreement was acceptable to him and he indicated that it was. MOVED by Raymond, SECONDED by Langan to accept the Development Agreement as prepared by Staff. Roll call vote. Those voting yes: Raymond, Earl, Langan, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. Book 35 Page 145 MOTION CARRIED (SECOND READING OF BILL NO. 19 - ZONE CHANGE FROM R -1 TO R -3 -15 ON NORTH MICHIGAN AVENUE) The Mayor read Bill No. 19 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -3 -15 (MULTI- FAMILY HIGH DENSITY RESIDENTIAL; MEDIUM RANGE, 10 -15 UNITS PER ACRE); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 -15 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. Mayor Winder asked Mr. Henry if there was any reason to expedite this Bill. He indicated that he would like to have it accomplished as soon as possible. MOVED by Carpenter, SECONDED by Earl to waive the rule requiring that a bill be read at three separate times and that Bill No. 19 be read by title for the one reading. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, and Langan. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED MOVED by Carpenter, SECONDED by Langan that Bill No. 19 be passed and entitled Ordinance No. 2032. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, and Langan. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED NEW BUSINESS (REQUEST FROM JIM FREEMAN, 4 -C COMMITTEE, REGARDING OLD JEFFERSON) Mayor Winder recognized Jim Freeman, who was present at the meeting to briefly report on the 4 -C Committee and to make a request to the Members of the City Council. Mr. Freeman began his comments by calling Council's attention to the last page of the letter to Council which was a budget he created showing the two options to complete the funding. The Committee was requesting that the City Council accept a donation of $1,025 to complete the matching for the 1994 grant from the Idaho Commission on the Arts to bring in a theatrical and acoustical consultant. Also that the remaining money after all the expenses are completed be designated for the Committee's reassignment to the renovation project on Old Jefferson. It was the Committee's intent at this time to boost the grant just received for the structural analysis of the building. The Mayor reported that he did receive a letter dated the 17th of June from the Idaho Commission on the Arts. The City was notified that the City of Caldwell and the 4 -C Committee was awarded a grant in the amount of $6,818.00 for a structural analysis of the Bushnell Center or Old Jefferson. They indicated that they were only able to fund thirty -eight percent of the amounts requested by people submitted requests for a grant. Therefore, the Book 35 Page ].46 Mayor felt the City of Caldwell was fortunate to receive this grant. MOVED by Carpenter, SECONDED by Raymond to allow the 4 -C Committee to use the 1,554.48 as appropriate since if we make the other choice, vae are actually sending money back that the City was granted which does not seem a good choice . Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, and Langan_ Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED The Mayor asked Council if they would like to discuss this itenm further at a Council Meeting in July. After discussion, it was agreed to include this matter on the Agenda for the July 18th Council Meeting. (QUARTERLY REPORT FROM THE CALDWELL ;ICONOMIC DEVELOPMENT) Mayor Winds- introduced Orville Collins, vice President of the Caldwell Economic Development Board. Mr. Collins presented the quarterly repor", from the Board thanking the Mayer and Council for their cooperation. He further stated that the Board fe7_t the year has been a success. Th.e °'_r financial budget for private contributions so far this year was a little over $23,000. They hoped to accomplish a goal of $51,000 in addition to the $55,000 allocated by the City. Mr. Collins also reported that since January, 1990, Caldwell .Economic Dovelopment has been instrumental in recruiting or facilitating the expansions of twenty -five companies providing over :00 jobs in the community. These companies added a little over seven million dollars of payroll and over eleven million dollars in capital investment to the local economy. (FINANCE DIRECTOR TO REPORT ON THE NEW FINANCIAL STATEMENT) The Treasurer and Finance Director, Lisa Thompson, brief - ly explained the format of the naw financial statement for the benefit of the City Council and members of the audience. (DISCUSSION ON ;FORCED LOCAL IMPROVEMENT DISTRICTS) At the Mayor's request, the City Engineer and Public Works Director, Gordon Law, reviewed his memo to Council with regard to the forced Local Improvement Districts as follows: The providing of many street, water and sewer facilities can be funded through L_I.D.s instead of raising tax levies or user fees. The use of levies and fees extend this cost for improvements to all - residents or users even though most users may not directly benefit from the improvement. L.I.D.s address this issue by requiring ti�,at all participants in an Improvement District directly benefit from the impr_ovemen_ts. L.I.D.s may be formed in two ways 1. A petition signed by Goo of the resident owners in a proposed district, or; 2. By resolution of the majority of the Council. Formation of a L.I_E. by method No. 2 has come to be known as a "forced" or "involuntary" L.T.D. To my knowledge, tn.e City has never formed a L.I.D. by this method. Book 35 The advantage of a "forced" L.I.D. is that Council can select the time of formation and set the district boundaries to construct facilities when and where they are needed. It is not necessary to wait for conditions to get so bad that owners are willing to petition for the improvements. The disadvantage of a "forced" L.I.D. is that protest hearings become more difficult for Council and legal challenges become more likely. The portion of State Code relevant to Local Improvement District is Chapter 17 of Title 50_ At the conclusion of the report, the Mayor stated that the issue that precipitated this was the La Brea Street on Canyon Hill. There was an attempt to get this street up to some kind of acceptable standard. The developer, who wants to develop at the end of Michigan, was being asked to participate in this attempt. The City felt it would be fair for the other property owners to participate in the improvement since they would benefit as well. After discussion and questions relating to the L.I.D. procedure, the City Council directed that Staff proceed with the preliminary stages of an involuntary Local Improvement District for La Brea Street. Page 147 (REQUEST FROM W.A.RHAWK MUSEUM TO BUILD AN ADDITION TO THEIR BUILDING) The next item was a request from the Warhawk Museum to build an addition to their building at the Airport. A memo from Jack Pearson, Airport Manager, was as follows: During the June Airport Commission meeting, Sue Paul of the Warhawk Museum, made a request that they be allowed to build a 60 x 90 foot addition to their building. She also requested that they could build this addition provided there would be no increase in the total of the present gross lease price. The Commission voted to recommend that the City Council approve the request based on the following reasons and conditions: 1. The space in question does not lend itself to any other particular Airport use. 2. The Warhawk Museum is a non - profit entity and a valuable asset to the Airport and the City of Caldwell. 3. If at any time in the future the additional space is not used as a museum, the lease payment will be adjusted to reflect the price per sq. ft. in effect at that time for all the space in the lease. The Mayor and Clerk noted the arrival of Councilman Nancolas at 9:00 p.m. The Mayor informed Council that Mr. and Mrs. Paul were out of town and unable to attend the meeting. However, they did distribute a packet of information for the Council Members. Mayor Winder also referred Council to the Airport minutes that discussed this matter. Councilman Raymond commented that the Commission also discussed the many improvements that were necessary. He had a problem bringing the two together and would prefer to send this back to the Commission and ask them how many dollars they were willing to give up if the request was approved with no additional rent. Mr. Raymond also expressed concern that this would establish a precedent. Book 35 Page 148 If the addition was allowed, there would he an increase in cost. He would like to see a written justification concerning leasing land at no cost at the Airport. After more discussion, it was MOVED by Raymond, SECONDED by Houchins to refer this item back to the Airport Commission for further financial analysis and input from both the Commission and the applicant to the Council. Roll call vote. Those voting yes: Raymond, Earl, Nancolas, :Langan, Carpenter_, and Houchins_ Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE ANNEXATION OF PROPERTY ON SOUTH SIDE OF LARCH STREET BETWEEN COLLEGE A"V"ENUE AND MONTANA AVENUE, Z0 ?E CHANGE FROM COUNTY R -1 TO R-1, AND COMPREHENSIVE PLAN DESIGNATION FOR THIS PROPERTY) Mayor Winder explained that the hearing was for annexation, zone change and a comprehensive plan designation for property located on the south side of Larch Street at the southern terminus of Colorado Avenue west of College Avenue. The applicant was Rick Kushlan of Kushlan Homes, .7.719 West Spruce in Caldwell. The Mayor then asked if there were documents to be entered into the record at this time. The applicant did not have documents, but the Staff Report was to be included with. the reccr0 The Mayor further explained the process for the hearings stating that they must sign up to testify either for or against the issue under consideration, that all must speak from the podium so there will be a transcribable record of the proceedings, irrelevant, immaterial or unduly repetitious evidence shall be excluded, rebuttal testimony may be presented. ` The Public Hearing was opened by the Mayor who again stated that it was involving property on Larch Street. All those signed to speak at Public Hearings during this meeting were sworn in by the City Clerk. Dennis Crooks, Planning and Zoning Director, presented the background information on this annexation and zoning change request stating that this particular property was located on the south side of Larch Street at the southern terminus of Colorado Avenue west of College Avenue. It was approximately 33,000 square feet in size. A request for annexation was filed by the property owner and the Commission considered this item on May 19th and recommended R -1 zoning and a plan designation of Low Density Residential. Carl Anderson, 819 Suncrest Lane speaking for Mr. Kus nlan on this request, was sworn in by the City Clerk. Mr. Anderson informed Council that Mr. Kushlan was requesting that this property be annexed into the City for the purpose of constructing a subdivision. City services were close, it was adjacent to the City Limits, and they felt it was a natural form of orderly growth for the City. There were several questions with regard to the fact that the subdivision would cut off the ability for Colorado to proceed south if the subdivision was built. Mr. Crooks stated that the issue at this time v,7as annexation, zoning, and the Comprehensive Plan. A separate subdivision or preliminary plat filed on this project was still in the review process. This will be presented to the Commission within the next month. Book 35 Danny Ozuna, 3404 College, was recognized and expressed his concern over a lot which was located in the County. He was not opposed to the annexation of the property on Larch, but was more concerned with the weeds and unkept condition of this particular County property. The County was contacted, but have done nothing to see that the property owners clean it up. Mr. Ozuna stated he was interested in what the City's plans were as he felt they should be consistent in their annexations and follow the Comprehensive Plan. Ken Hurt, 3512 South Montana, also testified citing concerns about traffic and animals on County property surrounding the suggested annexation property. The Council Members discussed the concerns expressed by the two gentlemen testifying with the Director clarifying some of their questions. It was then MOVED by Earl, SECONDED by Nancolas to close the Public Hearing. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Hearing was officially closed by the Mayor. Page 149 (BILL NO. 20 - ANNEXATION OF PROPERTY ON SOUTH SIDE OF LARCH STREET BETWEEN COLLEGE AVENUE AND MONTANA AVENUE) Mayor Winder read Bill No. 20 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CI'T'Y ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE, SECTION 63 -2215. Councilman Nancolas stated that this was a situation where the property was contiguous to the City Limits, both to the west and north and the property owner requested that they be annexed into the City. Therefore, this was a prime candidate for an orderly annexation into the City. Since the surrounding neighborhood was zoned R -1 already and the recommendation from the Planning and Zoning Commission was to maintain that zoning, he felt it added more stability to the area. MOVED by Nancolas, SECONDED by Raymond that this be considered the first reading of Bill No, 20. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 35 Page 150 (BILL NO. 21 - ZONE CHANGE FOR ABOVE PROPERTY FROM COUNTY TO R -1 TO R-1) Mayor Winder read Pill No. 21 changing the zoning for the above property as follows: AN ORDINANCE CHANGING THE ZONING OF CEF� AIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL) ; D:ETERMINING THAT SAID CHJ IN ZONING IS IN THE PEST INTEREST OF THE CITY OF CALDWELL, IDAHO; TNSTRT3CTTNG THE PLANNING ,AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R -1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LT-JFS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, MOVED by Nancolas, SECONDED by Langan that this be considered the first reading of Bill No. 21. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Hcuchi_ns, Raymond, and. Earl. Those voting no: none. Absent and not voting: none:. MOTION CARRIED The Planning and Zoning Director advised the City Council to include the Comprehensive Plan designation at the time of the third reading of the two bills. The Mayor declared a five minute recess at 9:40 p.m.; Council reconvened at 9:45 p.m. (PRELIMINARY PLAT FOR KAREN SUBDIVISION AND COMPANION VARIANCE INCLUDING PROPERTY" ON THE NORTH SIDE OF AMBER STREET EAST OF TENTH AVENUE) The Planning and Zoning Director presented background information stating that this was a Preliminary Plat entitled Karen Subdivision of 1.74 acres of property into six lots. There was also a variance from the City's Subdivision Ordinance pertaining to project gross density and the requirement to provide City sewer service. Also, the proposed plat was associated with a request for annexation involving the same property -which was scheduled on the Agenda this evening. Procedurally, the Ccmmission normally takes final action on Preliminary Plats. In this particular case because there was a variance from the subdivision ordinance, the Ordinance requires that the Commission make a recommendation to the City Council and the Council take action on the Preliminary Plat. Mr. Crooks further stated that within the report to Council, there was a number of findings of the Commission in reviewing this case. The Commission felt that it was very difficult to extend sewer service to this particular project because of topography, distance, ana the presence of the Junior High School. They felt it might possibly be a benefit to the City to annex the property. Another thing co nsidered was the fact that City water was going to be extended down Amber Street to serve the subdivision. The Director continued informing Council that the Planning and Zoning Commission, in making their recommendations to Council, concluded the following: City =cater is available on Tenth Avenue and will be extender to serve the project. Water service would then become more available to property owners to the south within the McCarthy and Rosewood Subdivisions. Book 35 Sewer was not immediately available to serve the project because of topography, distance, and the junior high school property. The most likely way to serve this area would be to extend the Dixie Drain line south and west to Easy Street and then north to the project area. Thus, failure to extend sewer service at this time would not be depriving other property owners in the area or "downstream" owners from obtaining a full range of service. Page 151 The ability to provide sewage disposal at the proposed density, as conditioned, was subject to the review and approval of Southwest District Health. Mr. Crooks concluded his comments stating that the recommendation from Planning and zoning Commission was to conditionally approve the preliminary plat of Karen Subdivision with suggested terms and conditions for the preliminary plat. Council Members discussed this item at some length. Councilman Raymond MOVED to accept the Preliminary Plat with the same conditions as recommended by the Planning and Zoning Commission. The motion died for a lack of a second. MOVED by Earl that Council table the Preliminary Plat for Karen Subdivision until the City the developer can obtain more precise information from the District Health Department as to what requirements he will have to meet. Mayor Winder stated that it was not reasonable to ask the developer to spend the money if the City was not going to - approve the project. Mr. Crooks also commented that the Final Plat would have to come back to the City Council for approval. This motion also died for the lack of a second. MOVED by Nancolas, SECONDED by Raymond that the Preliminary Plat be approved for Karen Subdivision with conditions as recommended. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON ANNEXATION OF PROPERTY ON NORTH SIDE OF AMBER STREET EAST OF TENTH AVENUE FROM COUNTY R -1 TO R -1) Mayor Winder announced that the next item on the Agenda was the Public Hearing on the annexation of the property on the north side of Amber Street east of Tenth Avenue from County R -1 to R -1. The only document to be entered into the record was the Staff Report. The Mayor outlined the format for a Public Hearing explaining the purpose of the hearing, that those testifying must sign up, cited the sections of the Code applicable. Dennis Crooks, the Planning Director, informed Council that the background information was similar to the item considered earlier; annexation, change in zoning, and Comprehensive Plan designation. It was the same property associated with Karen Subdivision. The Commission reviewed this at a previous meeting and their recommendation to the Council was R -1 zoning and a Plan designation of Low Density Residential. Book 35 Page 152 M::. Warren Hollenbeck, 15593 Longhorn, Caldwel]_, was recognized by the Mayor. He stated that he was hoping to receive Council approval to annex property into the City of Caldwell, which he pointed out on a map for the benefit of the Council and audience. Mr. Hollenbeck explained his plans for the property. Councilman Nancolas commented that the annexation as was mentioned was contingent upon L approval of the Final Plat. He asked Mr. Iollenbeck if he was going to continue with the annexation whether or not he was allowed six or five .lots or depending on what Southwest Health District says. Mr_ Holli_enbeck answered that he probably would not. If he could get six lots, it would be economically beneficial to do it. With five, he probably would not do it. His intentions were to explore the possibilities to see if ire could make it happen. Councilman 'Tancclas further explained that the annexation process takes three readings of the ,ill before it can be passed. which takes approximately four weeks. His next question to Mr. Hollenbeck was whether he could. have an answer nom Southwest Health District before the third reading. Mr. Hol_lenbecc stated.that it didn't matter to him as to whether he was in the C'i.ty or the Cour_ty_ However, he probably would not go through a de- annexation process_ MOVED by Nancolas, SECONDED by Hou.chins to close the Public HearinG. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond., and Earl _ Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 22 - AiN TEXATIO?v OF PROPERTY ON NORTH SIDE OF AMBER STREET EAST OF TENTH AV.F,1v 7E) Mayor Winder read Sill No. 22 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -Z (SINGLE FAMILY RESIDEITTIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANTON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND PLAINNING AND ZONING DIRECTOR. TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHC; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUa'\TT TO IDAHO CODE, SECTION 63- 227.5. MOVED by Nancolas, SECONDED by Langan that this be consider_ ^d the :-first reading of Bill No. 22. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. Book 35 MOTION CARRIED Page 153 (BILL NO. 23 - ZONE CHANGE OF PROPERTY ON NORTH SIDE OF AMBER STREET EAST OF TENTH AVENUE FROM COUNTY R -1 TO R -1) The Mayor read Bill No. 23 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R -1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Nancolas, SECONDED by Langan that this be considered the first reading of Bill No. 23. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Again, the Mayor explained the Comprehensive Plan designation would be discussed at the time of the third reading. (PUBLIC HEARING ON SIGN SCHEDULE OF THE CALDWELL ZONING ORDINANCE: RESOLUTION OF INTERPRETATION FOR PURPOSES OF CLARIFYING SIGN REGULATIONS AND INSTALLATION STANDARDS) The Mayor stated that this was a Hearing on the sign schedule for the Caldwell Zoning Ordinance. A draft Resolution of Interpretation was included in the packet for the Members of the City Council. The applicant for this particular hearing was the City of Caldwell, 621 Cleveland Blvd. Anyone desiring to testify must sign up at the Staff table. Mayor Winder again explained the format for the public hearings. He noted that two people signed to testify with regard to the proposed sign schedule of the Caldwell Zoning Ordinance. The Public Hearing was opened by the Mayor. Since the two gentlemen signed to speak were not present early in the meeting, the Mayor asked the City Clerk to swear them in. Dennis Crooks, Planning and Zoning Director, presented the history of this issue stating that the public hearing was to continue the investigative process into the City's Sign Ordinances and Regulations. The primary objective was clarifying the ambiguities that currently characterize the City's Sign Schedule and Zoning Ordinance. The review process began about a year ago and was handled by the Sign Committee which prepared a series of documents that were reviewed by the Commission and the Council over a period of time. The Commission just concluded a series of public hearings in March, April, and May of this year to review and receive the recommendations from the Sign Committee. During this process, extensive efforts were made to inform interested individuals and groups and encourage public input. The Staff and Commission would certainly encourage that the Council give some consideration to taking more than one session to review the material. The Director further informed Council that there were three parts to this issue; a Resolution of Interpretation Book 35 Pale 154 which helps to clarify the sign schedule; application for sign permit and, an application form; and an enforcement policy. His final comment was that if Council determines to continue this item, he would encourage them to keep the public hearing process open. Bill Jacobsen, Jacobsen Sign Company, was recognized and expressed concern with regard to the format of the application and several cf the requirements indicated including the site plan, filing fee, and time necessary to finally get the permit. Gary dance, Superior Signs, also testified noting his agreement•.aith Mr. Jacobsen's comments. His main concern was making the process simpler and taking time to review the material. MOVED by Nancolas, SECONDED by Langan to continue this Public Hearing to an indefinite time to allow further public comment as well as establish a time when a public work session can be scheduled and receive further comment and testimony with regard to this matter. Rol'_ call .rote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION AUTHORIZING THE EXECUTION OF GEM COMMUNITIES GRAFT AGREEMENT) Mayor Winder stated that this was a Resolution authorizing the execution of a Grant Agreement with. the Idaho Department of Commerce. This was an Action Grant applied for some time ago. Just recently, the City was informed that $10, 000 would be made available to the City provided the application was updated. If it was funded, it would enable the City to do about $30,000 of wcrlL in the downtown area. There were enough commitments for sidewalks to utilize all of the money. The Resolution was as fellows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERi. TO EXECUTE A GEM COMMUNITIES GRANT AGREEMENT WITH IDAHO DEPARTMENT OF COMMERCE. BE TT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and 0he same hereby are, authorized to execute that certain Gem Community Action Grant attached hereto and made a part hereof as if set forth in full between the City of Caldwell and the Idaho Department of Commerce_ MOVED by Raymond, SECONDED by Houchins to pass the Resolution authorizing the execution of the Grant Agreement. Those voting yes: Raymond, Earl, Nancolas, Langan, Carpenter, and Houchins. Those voting no: none. Absent and not voting: none. MO'T'ION CARRIED (REQUEST FOR AN EYECUTIVE SESSION) MOVED by Houchins, SECONDED by Nancolas that pursuant to Idaho State Code, Section 67 -2345, an Executive Session be called for immediately following the Regular City Council Meeting for the purpose of discussing labor negotiations. Book 35 Roll call vote. Those voting yes: Houchins, Raymond, Earl, Nancolas, Langan, and Carpenter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Carpenter reported that since the Finance Director was on vacation, there was not a report at this time. (COMMITTEE REPORTS) Councilwoman Earl reported that she attended the Planning and Zoning Commission Meeting where they discussed items that will be on the Council Meeting Agenda at the next meeting. Councilman Nancolas commented that he has been involved with the Caldwell baseball program for the last several weeks and wanted to mention that it was a good program. On the Fourth of July will be their annual tournament. Councilman Langan stated that he attended the Golf Board Meeting and he was impressed with the working relationship that was developing. This Thursday was the opening of the bids for the Purple Sage sprinkler system. (MAYOR'S COMMENTS) The Mayor reported on the Association of Idaho Cities Conference, Chamberlin and Associates were doing a workshop on traffic studies on July 11th at 6:00 p.m., the sale of the property 117 South Kimball has been completed, and he received a notice from Black Canyon Irrigation District regarding a water spreading public awareness meeting at Albertson College. (ADJOURN) MOVED by Nancolas, SECONDED by Houchins that since there was no further business, the Regular City Council Meeting be adjourned at 11:10 and Council convene into an Executive Session which was adjourned at 12:00 Midnight. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 5th DAY OF July , 1994. Mayor o� a,_ � . Councilpe on C ( - i - Councalp on `� Page 155 .° City Clerk ATTEST: