Loading...
HomeMy WebLinkAbout1998-06-29 city council minutesBook 39 SPECIAL MEETING June 29, 1998 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor requested that everyone stand for the Pledge of Allegiance. The Roll of the City Council was called with the following members present: Earl, Ozuna, Langan, Wells, and Evans. Absent: none (PUBLIC HEARING ON A REQUEST FOR ANNEXATION OF PROPERTY LOCATED AT USTICK AND CALDWELL BOULEVARD TO BE ZONED C -3) The Mayor explained that this Special Meeting was held at the request of the Community Development Department in order to hear a request for annexation of property located at Ustick and Caldwell Boulevard. It was heard before the Planning and Zoning Commission and this was the time and place set and properly noticed to address this matter. It was a Quasi Judicial format which means those desiring to testify will need to be sworn in. The applicant will be heard first and then anyone opposed to this development will be heard next. Time will be allowed for rebuttal by the applicant based on any information presented during the hearing that was not addressed in the previous session. The Public Hearing will be opened with no time requirements established. After the Public Hearing was closed, there will be a time for Council to make Findings of Fact and Conclusions of Law and a decision made in this matter. In addition, Mayor Nancolas noted that this was Case No. ANN -10 -98 in the matter of the application of Jay Schneider and Michael Ebert for annexation of approximately 36 acres into the City as a C -3 Zone and was forwarded with the recommendation to approve from the Planning and Zoning Commission. The Mayor then declared the Public Hearing open and noted that one person was signed to speak in favor and one in opposition. Linda James, the Community Development Director, presented the Staff Report after being sworn in by the City Clerk. Mrs. James presented two Exhibits which included PZ1000 and A -3 that illustrated the property under discussion. This matter has gone through Planning and Zoning and they did recommend to the Council that the annexation be approved. Under Section 1.3 of the Staff Report, it indicates that public notification requirements were met. The proposal was to seek annexation of approximately 36 acres into the City of Caldwell as a C -3 Zone. Applicants noted in their narrative that they were proposing to develop the site as a community shopping center with related uses. The request was very straight forward, but she would answer any questions they might have. Joe Geivett, 9709 Third Avenue Northeast, No. 203, Seattle, Washington, was sworn in by the City Clerk. Mr. Geivett informed Council that he was here on behalf of Mike Ebert and Jay Schneider from Ebert and Rehorn who were unable to attend. He was the project engineer working on this project. The first step for them was to annex this property as part of the City and then work through the City to put together a development. At this time, they did not have any concrete plans to show the Council, but he was available to answer any questions the Mayor and Council might have. During the discussion with the Council, Mr. Geivett informed Council that some new commercial development would occur and some farm land would be left. This would be a common development for this region; perhaps groceries and general retail merchandising with associated parking and landscaping and whatever requirements the Code stipulates. Page 141 James C. Buxton, 5016 East Ustick Road, #6, was recognized by the Mayor and sworn in by the City Clerk. He informed the Mayor and Council that he was not Book 39 Page 142 for or against this project. He simply had a question with regard to a piece of property owned by his parents. After pointing it out to the Council, he was assured that this piece of property was not being considered for annexation. It was not part of the legal description that was included under the Ordinance that they were considering at this time. There was further discussion with regard to this development particularly as to what was allowed in the C -3 Zone and also some further comments from Mr. Geivett as to the possible use they would pursue. It was also noted that this was within the Area of Impact and Canyon County was notified. Since there were no further questions, the Mayor asked for a motion to close the public testimony portion of the Public Hearing. MOVED by Langan, SECONDED by Earl to close the public testimony portion of the Public Hearing. Roll call vote. Those voting yes: Langan, Wells, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas declared the public testimony portion of the hearing closed and listed the evidence as follows: From Staff, PZ1000, A -3 as well as the course of proceedings and Staff Report regarding the Planning and Zoning Corinnission hearing and the two sign up sheets presented at the beginning of the meeting. MOVED by Evans, SECONDED by Earl to accept the evidence items as stipulated by Mayor Nancolas. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then asked the City Council to present Findings of Fact with regard to this matter. Councilwoman Earl presented the following: • This was a voluntary annexation; • It was also covered by our Area of Impact Agreement with Canyon County; • Canyon County has been notified; • Complies with the Caldwell Zoning Ordinance and Comprehensive Plan; Idaho Code, Chapter 65, Local Planning Act; and Idaho Code, Title 50, Municipal Corporations which allows the City to annex property that was contiguous. Councilman Evans added: • The hearing was properly noticed; • That the application was to annex thirty -six acres into the City; Councilwoman Earl further stated: • This request was coming to Council after having been heard by the Planning and Zoning Conimission with a recommendation of approval. MOVED by Earl, SECONDED by Evans that the Findings of Fact be accepted as presented. Book 39 Page 143 Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas stated that the next order of business would be to present the Conclusions of Law based upon the Findings of Fact. Councilwoman Earl presented the following: • The City Council has the authority to hear this case and to make the determination as to whether or to annex the property; • All applicable State and Local Ordinances have been met. The Mayor submitted as a Conclusion of Law the following: • There would be no adverse effects on surrounding properties presented by testimony this evening and that it was in conformance with the Comprehensive Plan. MOVED by Langan, SECONDED by Ozuna to accept the Conclusions of Law as presented. Roll call vote. Those voting yes: Langan, Wells, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Langan the Decision of Order of the City Council would be to approve the annexation of property as presented to them in Case No. ANN- 10 -98. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. nuencelatemasmAll MOVED by Earl, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas officially closed the Public Hearing. (CONSIDER BILL NO. 18 TO ANNEX PROPERTY ABOVE) The next item on the Agenda was to consider Bill No. 18 to annex the property as presented. Mayor Nancolas read Bill No. 18 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 (SERVICE COMMERCIAL) 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 CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE Book 39 Page 144 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 AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. The Mayor informed Council that the applicant requested that the City Council consider waiving the normal three reading process and the Bill be passed on the first reading. MOVED by Earl, SECONDED by Ozuna to waive the rules requiring that a bill be read at three separate times and that Bill No. 18 be read by title only for the one reading. Roll call vote. Those voting ycs: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Ozuna that Bill No. 18 be passed and entitled Ordinance No. 2239 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER A RESOLUTION TO APPROVE THE EXECUTION OF AN AGREEMENT WITH POLSON ARCHITECTS TO CONDUCT A FEASIBILITY/NEEDS STUDY FOR CONSTRUCTION OF A NEW LAW ENFORCEMENT BUILDING FOR THE CITY OF CALDWELL) Mayor Nancolas stated that as Council knows, there was a definite need in the City of Caldwell for a new Law Enforcement Building. By attending the Successful Facilities Planning Seminar in Kansas City and by recommendation of the Council, the need to conduct a feasibility study was important in order to have a proper product when done. The citizens of Caldwell were going to be asked to invest some of their money in this facility and we feel it very important that we make sure that how we proceed was the proper process and that the City does have a facility to meet their needs for years to come. It was felt that this needs and assessment study would answer a lot of questions they have and direct them in the proper path so a good decision was made. The Mayor continued informing Council that there was not a contract in front of them this evening. Two firms were mentioned that were professionals in this particular area and specialize specifically in police facilities. It was very apparent in the seminar they attended that architectural firms in general do not have the necessary expertise in this particular area. Also, by constructing a proper facility, you can save money through efficiency and provide safety for the employees. It was recommendation from the Mayor, Finance, and the Police Department that the City enter into negotiations with Polson Architects to negotiate a price and the scope of the needs. Before entering into this Agreement, it would be presented back to the City Council for their consideration. This was simply allowing the Mayor and Staff to negotiate this contract. He also noted that both Chief Law and the Police Department made this same recommendation. At this time, he was asking permission from the City Council to grant them the ability into enter into negotiations with Folson Architects. The decision to go with them was basically from the recommendation from the Nampa Police Department who had already contracted with there and were very pleased with the Book 39 Page 145 outcome of their overall project. The Seminar also made them feel confident in this firm. The Council discussed this matter briefly particularly with regard to where the funds should come from. The Mayor presented the following Resolution for Council consideration: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND POLSON ARCHITECTS. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute an Agreement, attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Polson Architects for the purpose of conducting a feasibility /needs study for construction of a new Law Enforcement Building for the City of Caldwell. MOVED by Earl, SECONDED by Wells that the Resolution be passed as presented by the Mayor. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ADJOURN) MOVED by Evans, SECONDED by Earl that since there was no further business, the meeting be adjourned at 7:40 p.m. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 6th DAY OF jury 1 1998. Mayor V oun ' erson '6Ancilperson cilperspn Cou i ers n Co cilperson Councilperson ATTEST: City Clerk