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HomeMy WebLinkAbout2002-08-05city council minutesBook 43 Pale 1.40 REGULAR MEETING AUGUST S, 2002 7:00 P.M. The Meeting was called to order by Acting Mayor Shannon Ozuna. The Acting Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. It was noted that the Mayor would be late and Council President Ozuna would be the Acting Mayor until his arrival. The Roll of the City Council was called with the following members present: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Absent: none. SPECIAL PRESENTATIONS The Acting Mayor informed the City Council that there was a recommendation for employee recognition for two Caldwell Police Officers. The memo from Captain Maybon was as follows: I would like to nominate two officers for this month's Employee of the Month Award. The two officers are Sergeant Richard Ferrera and Corporal Martin Flores. Both of these officers exhibit an excellent attitude and are always willing to help whenever needed. The most recent example of their commitment to the City and to the citizens of Caldwell occurred at the Fourth of July celebration last Thursday. Both of these officers volunteered to participate in the Presentation of the Colors at the ceremony honoring the V ietnam Veterans and Emergency Services Personnel. They each had a total of 3 hours to practice the proper ceremony with the other personnel involved in the ceremony. They did an outstanding job and executed this duty in a most professional manner. In fact, they did such a good job that they were both asked to participate in the Vietnam Veteran's Memorial Ceremony to be held in Nampa in October. Their participation in this event is in itself enough to merit their nomination for the Employee of the Month award, but in addition, both of these officers had worked a 12 hour shift the previous night and worked a 12 hour shift the night of the Fourth. Any employee who exhibits this kind of dedication to the City and the citizens of Caldwell is certainly worthy of receiving recognition for the sacrifices they made to honor others in the military services as well as the various emergency services. Therefore, I feel that both of these officers are most deserving of the Employee of the Month Award. Your consideration of this nomination is greatly appreciated. The Acting Mayor presented Corporal Martin- Flores with a plaque indicating that he was the Employee of the Month for the month of July, 2002. Sergeant Richard Ferrera was not able to attend the meeting, but would also receive a plaque. ADDITIONS OR DELETIONS TO THE AGENDA. Acting Mayor Ozuna asked if there were any additions or deletions to the Agenda. Councilman Hopper suggested two additions to the Agenda as follows: A Number 10 under the Consent Calendar which was to approve the Resolution designating Valley Ride as the recipient of urbanized area public transportation funds and also under Old Business, the addition of Item No.2 to consider Ordinance No. 2439 adopting an amended Comprehensive Land Use Map. MOVED by Dakan, SECONDED by Blacker to approve the deletions as presented by Councilman Hopper. Roll call vote. Those voting yes: Dakan Wells, Blacker, Callsen, Ozuna, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION. The Acting Mayor asked if there was anyone in the audience who cared to address any item that was not included on the prepared Agenda. Mr. Robert Colley, 1406 Cherry Street was recognized and stated that he would like to ask the Council to consider looking at the current Codes pertaining to dogs in the City of Caldwell particularly with regard to vicious dogs. He explained at some length how he was attacked by a pit bull while working at his rental property this month. His injuries were extensive and lie did have surgery. The Animal Control Officer came to the hospital to ask him questions, but he was not able to talk to him due to the trauma. His wife did talk to the Officer and later he came down to see what was being done regarding this dog and it was his understanding that the dog would be quarantined for ten days and returned to the owner for someone else to get hurt. The Officer stated that he did not feel the dog was that vicious. It has been eight months with the doctor, going in once a week trying to get everything working. He presented to the Council a copy of the Book 43 Animal Control's description of a vicious animal. He would ask that the City look at this law and see if some changes could be made. CONSENT CALENDAR: The Acting Mayor presented the following items on the Consent Calendar for consideration by the Members of the City Council: Dispense with the reading of the minutes of the July 15, 2002 Regular Council Meethrg and approve as written; Approve acceptance of the minutes of the following: Caldwell Traffic Commission minutes of July 16, 2002; Historic Preservation Commission minutes of June 12, 2002; and the minutes from the Public Hearings before the Hearing Examiner on April 4, 2002 and May 2, 2002; Approve the following Resolution designating COMPASS as the Metropolitan Planning Organization for the Nampa Urbanized Area: FOR THE PURPOSE OF REQUESTING THAT THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO BE DESIGNATED AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE NAMPA URBANIZED AREA. WHEREAS, The U.S. Bureau of the Census, in May 1, 2002, Federal Register designated a portion of Canyon County, Idaho as an urbanized area with Nampa as the central city; and WHEREAS, the Nampa Urbanized Area per the attached U.S. Bureau of the Census Tigcr file map consists of portions of the following entities: City of Nampa, City of Caldwell, City of Middleton, Canyon County, Nampa Highway District, and Canyon Highway District with a population of 95,900; and WHEREAS, this new designation as an urbanized area requires the establishment of a Metropolitan Planning Organization to carry out transportation planning processes to comply with federal planning requirements for the development of a Long Range Transportation Plan and a Transportation Improvement Program (TIP) and other transportation planning documents as required by Titles 23 and 49, United States Code; and WHEREAS, THE community Planning Association has effectively worked with Canyon County governments to provide transportation planning support and is experienced as a Metropolitan Planning Organization; and WHEREAS, the Community Planning Association has professional staff available to provide quality service for the Nampa Urbanized Area Metropolitan Planning Organization. NOW, THEREFORE, BE IT RESOLVED, That the City of Caldwell requests the designation of the Community Planning Association of Southwest Idaho as the Metropolitan Planning Organization for the Nampa Urbanized Area. 4. Approve the following Resolution authorizing the Mayor to execute a Railroad Right of Entry Agreement/Tenth Avenue Overpass Deck Resurfacing; BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain "Railroad Right of Entry Agreement ", which Agreement is for the purpose of permitting entry on railroad right-of-way for the resurfacing of the Tenth Avenue Overpass and which Agreement is attached hereto and made a part hereof as if set forth in full. 5. Approve the following Resolution authorizing the execution of a Construction Agreement with the State for repair on the deck of the Tenth Avenue Overpass; WHEREAS, the Idaho Transportation Department, hereafter called the State has submitted an agreement stating obligations of the State and the City of Caldwell, hereafter called the City, for construction of 10 Avenue Overpass, Caldwell; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The State can only pay for work associated with the State Highway system; and WHEREAS, THE city is fully responsible for its share of project costs; and . NOW, THEREFORE BE IT RESOLVED: Page 141 I. That the Agreement for Federal Aid Highway Project BR- 7773(100) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. Book 43 6. Approve the Real Property Contract and acceptance of a Warranty Deed regarding Municipal Well Site, South Park 2 Subdivision; 7. Approve the following Resolution authorizing execution of Crossing Agreements between the City and Pioneer Irrigation: RESOLUTION BY THE CITY OF CALDWELL, IDAHO APPROVING CROSSING AGREEMENTS WITH PIONEER IRRIGATION DISTRICT. BE IT RESOLVED that the City of Caldwell, Idaho hereby approves Crossing Agreements with Pioneer Irrigation District, attached hereto in full and hereby made a part of this Resolution. Said Crossing Agreements are for the highline Canal across Ustick Road, Highline Canal across Middleton Road, Middle Lateral across Middleton Road, 400 Lateral across Linden Street and for the 500 Lateral across Linden Street. 8. Approve following Resolution authorizing execution of Crossing Agreement between the City and the Bureau of Reclamation and Pioneer Irrigation District: RESOLUTION BY THE CITY OF CALDWELL, IDAHO APPROVING CROSSING AGREEMENTS WITH BUREAU OF RECLAMATION AND PIONEER IRRIGATION DISTRICT. BE IT RESOLVED That the City of Caldwell, Idaho hereby approves Crossing Agreements with Pioneer Irrigation District and the Bureau of Reclamation, attached hereto in full and herby made a part of this Resolution. Said Crossing Agreement is for the Solomon Canal across Middleton Road and the Solomon Canal across Ustick Road. 9. Approve the following Resolution authorizing execution of Construction Agreement with the Idaho Transportation Department for widening Indiana Street: WHEREAS, The Idaho Transportation Department, hereafter called the State, has submitted an agreement stating obligations of the State and the City of Caldwell, hereafter called the City, for construction of Indiana Street Linden to Blaine, Caldwell; and WHEREAS, The State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the State can only pay for work associated with the State Highway system; and WHEREAS, the City is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for the Federal Aid Highway Project STP- 7893(100) is hereby approved. 2. That the Mayor and the City Clerk are herby authorized to execute the Agreement on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. 10. Approve Resolution for the recognition of ValleyRide as the successor to VIATrans and for the designation of ValleyRide as the designated recipient for the urbanized areas within Ada and Canyon Counties authorizing the Mayor and City Clerk to execute and attest this Resolution on behalf of the City of Caldwell. MOVED by Hopper, SECONDED by Callsen to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER APPROVING AGREEMENT FOR LYNX! CONSORTIUM SERVICES, AS REQUESTED BY THE CALDWELL PUBLIC LIBRARY BOARD OF TRUSTEES) The first item under Old Business was to consider the Agreement for Lynx! which was discussed at the last Council Meeting, Elaine Leppert from the Caldwell Public Library was present and stated that she was here to answer any questions the Council might have. She apologized that she missed the last meeting. She gave a brief history of the Lynx! Consortium Services. 142 Councilman Hopper stated that the one issue they were concerned about was that the agreement seems to spell out the costs for the services that Lynx! provides. What was not clear was whether there was top end to what could be charged or what the liability we might incur under the Book 43 Page 143 agreement if certain services were over used. We were concerned as to whether there was a limit as to how much this could cost the City if other cities dropped out. Ms. Leppert explained that as libraries dropped out, they would not be using the services so there would be no cost associated. There was an ultimate, basic contract with the system. She was not sure if she could answer that question. Our costs will always be a percentage of the use. We have some control over those costs in that fifty percent of the costs were based on the number of access points and if too expensive, they could pull computers. We have been between nine and thirteen percent of the total bill. Councilman Hopper stated that this was good information. The concern was that if the Library was not participating, if we would end up seventy -five percent of the total usage and what would that be. There would be some impact or liability to the City if we were in that kind of agreement. Council was probably concerned about was how can we make sure that the thirteen percent was not exceeded. Ms. Leppert indicated that our Library was one of the minor players and the odds of the larger players dropping out were not high. We can continue to encourage other libraries to join. They were billed quarterly, the directors talks all of the time and there were no surprises with the billing. MOVED by Wells, SECONDED by Hopper to approve the Agreement for the LYNX! Consortium Services and if the costs get high, there was a clause in there that we could get out quickly without damages. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna and Dakan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 35 TO APPROVE ADOPTION OF AN AMENDED COMPREHENSIVE LAND USE) Acting Mayor Ozuna informed Council that the Public Hearing on this matter was held on June 17, 2002 and the order of Decision was approved on July 15, 2002. The Community Development Department has requested that adoption of this Bill be added to the Agenda and considered at this time. Bill No. 35 was read by title as follows: AN ORDINANCE ADOPTING AN AMENDED COMPREHENSIVE LAND USE MAP THAT SUPERSEDES AND REPLACES THE OFFICIAL COMPREHENSIVE LAND' USE AS ADOPTED BY THE CITY OF CALDWELL, CANYON COUNTY, IDAHO ON OCTOBER 11, 1995; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Blacker to waive the rules requiring that a Bill be read at three separate times and read in full for one reading and pass at this time. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper that Bill No. 35 be passed and entitled Ordinance No. 2439 after the one reading by title only. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (ACCEPT THE TENTATIVE BUDGET AND SET THE PUBLIC HEARING FOR AUGUST 19, 2002 AT THE REGULAR CITY COUNCIL MEETING) Ellay Waite, the City's Finance Director, was recognized and stated that the Council has spent months reviewing Department Head's submittals on the budget and we were now ready to present the Tentative Budget for the fiscal year of 2003. A copy of the information that was to be submitted to the paper was distributed to the Council Members. The budget in total was $36,061,166 which includes $10,649,890 in the General Fund. He called their attention to the fact that under General Obligation Bonds, the proposed expenditures for the fiscal year 2003 was $1,102,951. The fees that have been suggested for increase were included in the budget. They will discuss another fee workshop with the Mayor when be arrives. Those will be presented at the next Council Meeting for public hearing. This budget was one million dollars less than the previous year's budget in down draw of fund balance. Book 43 P.=:ge 144 Mr. Waite indicated that this was a sound budget. This budget takes into account the need to add more police officers, more firefighters and to enhance their pay and to consider raises for the other City employees. It was frugal and wise use of taxpayer's money. There would be detailed copies of the budget for the public to review. It represents a very good financial status of the City. The employees have been very diligent in their efforts to accomplish the goals set forth by the Mayor and City Council and the Department Heads. Notice of Public Hearing Proposed Budget for Fiscal Year 2002 -03 (FY03) City of Caldwell, Idaho A public hearing, pursuant to Idaho Code 50 -1002, for consideration of the proposed budget for the fiscal year that begins October 1, 2002, and ends September 30, 2003, will be held in the Community Meeting Room, in the Caldwell Police Station 110 5th Ave., Caldwell, Idaho, at 7:00 p.m. on August 19, 2002. Comments, written or otherwise, about the proposed budget are welcome. Copies of the proposed FY03 Caldwell City Budget (in detail) are available at City Hall from 8 a.m. to 5 p.m. weekdays. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or to the hearing, please contact the Office of the City Clerk, (208) 455 -3000, at least 48 hours prior to the public hearing. FY 01 FY 02 FY 03 Actual Budgeted Proposed FUND Expenditures Expenditures Expenditures General Fund $ 7,773,281 $ 9,288,880 $ 10,649,890 Caldwell Events Ctr Fund 202,241 196,790 201,081 Library Fund 538,390 660,700 664,260 Street Fund 2,323,345 4,238,428 4,932,707 Airport Fund 1,260,382 470,107 2,370,951 Recreation Fund 316,425 355,069 409,004 Liability Ins Fund 119,341 122,401 129,568 Cemetery Fund 160,106 197,183 206,147 Cemetery Capital Imp Fund 2,018 6,500 17,500 Cemetery Perp Care Fund 26,000 26,000 22,000 CDBG Fund 2,500 100,000 - H.U.D. Fund (Remaining) 10,810 58,782 69,095 General Obligation Bonds 334,653 484,190 1,102,551 Debt Service Fund 581,470 629,339 593,464 Capital Imp Fund 246,014 826,934 759,759 Police Station Construction Fund 3,558,899 1,435,000 - GoIfFund 774,129 837,911 869,562 Water Fund 1,595,887 3,079,420 3,774,874 Sewer Fund 2,704,513 5,814,11.8 5,637,362 Sanitation Fund 1,714,411 2,037,587 2,393,675 Street Lighting Fund 171,907 266,749 276,034 Employee Health Ins Fund 659,056 745,061 809,537 Employee Dental Ins Fund 87,122 103,903 113,445 Employee Flex Fund 48,616 50,000 46,000 Agency Fund 36,107 12,700 12,700 TOTAL Expenditures $ 25,247,623 $ 32,043,752 $ 36,061,166 City of Caldwell Budget Hearing Notice FY 01 FY 02 FY 03 Actual Non- Budgeted Non- Proposed Non- Book 43 Page 145 Property Tax Property Tax Property Tax FUND Revenue Revenue Revenue General Fund $ 4,338,498 $ 4,617,539 $ 5,325,640 Caldwell Events Ctr Fund 204,908 196,790 200,526 Library Fund 185,944 287,872 276,519 Street Fund 2,546,977 2,820,421 3,205,526 Airport Fund 1,130,262 336,464 2,13I,856 Recreation Fund 218,995 198,120 243,803 Liability Ins Fund 145,949 146,115 152,161 Cemetery Fund 121,539 138,888 145,888 Cemetery Capital Imp Fund 9,994 10,450 10,103 Cemetery Perp Care Fund 52,655 48,950 44,096 CDBG Fund - 100,000 - H.U.D. Fund (Remaining) 7,613 126,000 90,779 General Obligation Bonds 7,398 1,000 15,221 Debt Service Fund 442,096 583,214 448,539 Capital Imp Fund 244,432 497,819 966,728 Police Station Construction Fund 228,879 25,000 - Golf Fund 735,029 803,350 860,283 Water Fund - 2,684,624 1,885,453 2,321,437 Sewer Fund 4,611,213 3,746,023 3,798,633 Sanitation Fund 1,843,854 1,836,439 2,319,177 Street Lighting Fund 230,664 256,543 289,375 Employee Health Ins Fund 689,430 740,477 815,280 Employee Dental his Fund 108,607 106,503 117,539 Employee Flex Fund 49,551 50,000 46,000 Agency Fund 36,106 12,700 12,700 TOTAL Other Revenue $ 20,875,217 $ 19,572,130 $ 23,837,810 FY 01 FY 02 FY 03 Actual Budgeted Proposed Property Tax Property Tax Property Tax FUND Revenue Revenue Revenue General Fund $ 4,108,708 $ 4,492,777 $ 5,002,349 Library Fund 367,596 372,828 387,741 Street Fund 643,613 648,496 785,847 Airport Fund 56,558 57,012 59,868 Recreation Fund 136,315 138,474 146,782 Cemetery Fund 57,262 58,143 59,887 General Obligation Bonds 470,237 483,190 501,551 Capital Imp Fund I94,926 210,499 223,129 TOTAL Property Tax Revenue $ 6,035,215 $ 6,461,419 $ 7,167,154 SUBTOTAL All Revenue 26,910,432 26,033,550 31,004,964 Use of Fund Balance or Retained Earnings (1,662,809) 6,010,202 5,056,203 TOTAL All Revenue $ 25,247,623 $ 32,043,752 $ 36,061,166 City of Caldwell Budget Hearing Notice Book 43 Page 146 1, Monica Jones, City Clerk of the City of Caldwell, Idaho, do hereby certify that the above is a true and correct statement of the proposed expenditures and revenues for fiscal year 2003, all of which have been tentatively approved and entered at Iength in the Journal of Proceedings. I further certify that the City of Caldwell, Idaho, did give notice for said hearing with notice having been published twice at least seven days apart prior to the adoption Of the budget by the City Council. Citizens are invited to attend the budget hearing on August 19, 2002, at 7:00 p.m. and have the right to provide written or oral comments concerning the entire City budget. A copy of the proposed City budget (in detail) is available at City Hall for inspection during regular office hours, 8 a.m. to 5 p.m. Publication Dates: August 9 and August 16, 2002 MOVED by Hopper, SECONDED by Wells to accept the Tentative Budget as presented by the Finance Director and set the Public Hearing for the budget for August 10, 2002 at 7:00 during the Regular City Council Meeting in this building. MOTION CARRIED The Mayor arrived and continued with the Agenda. (PUBLIC HEARING TO HEAR OBJECTIONSTO THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 01 -2 REGARDING FINANCING OF SEWER AND WATER CONNECTION FEES ASSESSED BY THE CITY) Mayor Nancolas stated that the next order of business was a Public Hearing to hear objections to the Assessment Roll for Local Improvement District No. 01 -2 which was regarding to financing sewer and water connections. Gordon Law, the City Engineer, called Council's attention to the fact that there was $52,000 approximately included in this L.I.D. in its closing. The purpose of Council was to hear any objections to the preparation of the Assessment Roll and the amounts that were there and to pass on those objections as Council deems appropriate. Dave Marsten of the Engineering Staff was present and most intimately involved in preparing the Assessment Roll and the details related to it. He would be available for any questions Council might have. The three reading rule needs to be waived and the Bill passed tonight. Mr. Law also noted that Staff has not received any objections to this Assessment Roll. The Mayor declared the Public Hearing open. No one was signed to speak at this time. MOVED by Ozuna, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 34 CONFIRMING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Mayor Nancolas read Bill No. 34 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO, 01 -2 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION, AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Callsen to waive the rules requiring that a Bill be read at three separate times and read in full for one reading. Book 43 Page 147 Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen that Bill No. 34 be passed and entitled Ordinance No. 2438 after the one reading by title only. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 72 -02, REQUEST BY DENNIS CARTWRIGHT TO ANNEX APPROXIMATELY 19.19 ACRES INTO THE CITY AS AN R -1 (SINGLE FAMILY RESIDENTIAL) ZONE TO INCLUDE A DEVELOPMENT AGREEMENT) Mayor Nancolas stated that the next item on the Agenda was a Public Hearing, Quasi - Judicial, on Case No. ANN- 72 -02, a request by Dennis Cartwright to annex approximately 19.19 acres into the City as an R -1 (Single Family Residential) zone to include a development agreement. The Mayor explained the rules with regard to this Hearing and the three following bearings on the Agenda. Anyone caring to speak must be signed up and sworn in before making their presentation. At this time, he asked that everyone who signed to speak to any one of the four hearings to please stand so they could be sworn in at this time. After the swearing in, the Mayor opened the Public Hearing and asked for the Staff Report from the Community Development Department. Joan Johnson, Community Development Planner, was recognized and acknowledged that she was sworn in. Ms. Johnson proceeded with the Staff Report stating drat the public notice requirements were met; the request was to annex was to annex approximately 19.19 acres of land into the City as an R -I Single Family Residential Zone; the applicant's narrative was attached for Council review; Staff has prepared a proposed Development Agreement to accompany this annexation request. There was a couple of modified conditions that the Planning and Zoning Commission did recommend at their Public Hearing and they were listed under the Planning and Zoning Commission's recommendation. She received a memo from the Engineering Department providing their comments. Under No.3, they have listed three different items that they were requiring to be included in the Development Agreement which has been done, Ms, Johnson further said that she had a discussion today from the applicant's representative, Rita Earl, and each of the Council has a copy of the memo she wrote explaining how we had changed page 2 of the Development Agreement and the attachment that goes with it. This change was that Item No. G has been deleted in its entirety. The Mayor Iabeled the memo from Ms. Johnson to the Mayor and Council as CC -1001; a letter from Pioneer Irrigation district was labeled CC -1002. Rita Earl, Earl and Associates, 314 Badiola Street, acknowledged that she was sworn in. She commented on the following: Dennis Cartwright was the owner of the property; she pointed out the location of the property on the map for the benefit of Council; the property was approximately 19.19 acres and was located on the east side of South Florida Avenue between Homedale and Karcher Road. The request was being made to preplan for future development of the property. She met with Vaughn Heinrich of the Vallivue School District with regard to this project and he was aware of the request to come into the City of Caldwell and the need for additional schools. He indicated that the Vallivue School District was planning and were in the process of obtaining another parcel of ground out in south Caldwell and west Nampa area. City services will be available to this site; they felt it was appropriate to delete Item G of the Development Agreement; made the suggestion to change the wording of Item H as follows, "The applicant on its behalf and its assigns agrees that if any water rights should be abandoned; instead of abandonment, it will transfer such rights to the City." The Engineering Department was in agreement to make this change in the Development Agreement. The Comprehensive Plan designation for this subject was R -M so our request for an R -I Zone, Low Density Residential was appropriate. The Mayor labeled the new wording of Item H in the Development Agreement as CC -1003. Steve Glasgow, 228 Plaza Place, Eagle was signed to speak, but stated he had no comments at this time. MOVED by Ozuna, SECONDED by Hopper to close the public testimony portion of the hearing. Roll call vote. Those voting yes: Qzuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor presented the Evidence List as follows: CC -1061, the memo from Ms. Johnson; CC- 1002, letter from Pioneer Irrigation; CC -1003, language for Item H on the Development Agreement; the City of Caldwell zone map; Sign up sheets; and Staff Report. MOVED by Callsen, SECONDED by Blacker to accept the Evidence List as presented Book 43 Page 148 Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Hopper, SECONDED by Callsen to adopt the Comprehensive Plan Analysis as specified in Staff Report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: Councilman Hopper presented the following Findings of Fact: The general facts outlined in the Staff report; the public testimony heard tonight; the evidence list that was presented; there was no testimony presented in objection to this annexation. Councilperson Ozuna added that it was contiguous to the City Limits. MOVED by Blacker, SECONDED by Dakan to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Callsen that the City Council has the authority to approve or deny requests for annexation; the public notice requirements were met; and the hearing was held within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Ozuna that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Base No. ANN- 72 -02, a request by Dennis Cartwright to annex approximately 19.19 acres into the City of Caldwell as an R -1 zone, to include a Development Agreement as amended by evidence items CC -1001 and CC -1003 was approved; in addition, the applicant shall abide by the terms and conditions as outlined in the amended Development Agreement. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 74 -02, A REQUEST BY GRAPEVINE 7, INC., FOR APPROVAL TO ANNEX APPROXIMATELY 29.54 ACRES INTO THE CITY AS A C -3 (SERVICE COMMERCIAL) ZONE TO INCLUDE A DEVELOPMENT AGREEMENT) The Mayor stated that the next item on the Agenda was a Public Hearing, Quasi - Judicial, on Case No. ANN -74 -02 a request by Grapevine 7, Inc. for approval to annex approximately 29.54 acres in the City as C -3 Zone. The Hearing would be conducted in the same manner as the previous one. Councilman Wells noted that he would abstain on this item as he did have a conflict. The Mayor opened the Public Hearing and recognized Mr. Hasson, who would be presenting the Staff Report. Steve Hasson, the Community Development Director, 621 Cleveland Blvd., acknowledged that he was sworn in and presented the following background. Mr. Hasson pointed out the location of this particular parcel of land on the map for the benefit of the Mayor and Council. He indicated that it was a 30 acre parcel of land that fronts for 986 feet on Franklin Boulevard. Chris and Arlene Yamamoto were simply requesting that this 30 acre parcel of farm land be brought into the City as C -3 which was Service Commercial Zone. Along with that, they would be asking for a Comprehensive Text change because the land was currently zoned Agricultural and the map would have to be changed. As part of a rezone, the standard process was to attach a Development Book 43 Page 149 Agreement which was attached to the application and was straight forward and the applicant was in agreement. They did ask that one of the conditions of the Development Agreement be slightly modified. It had said that the applicant will construct a frontage road parallel to Highway 20/26 (Article II of the Development Agreement, Article II, 2,1, c); c) would read as follows: "The applicant will construct a frontage road parallel to Highway 20/26 (Franklin Road) or multiple commercial uses shall enter into a cross access agreement in lieu of driveway." They have been advised by ITD that because of the future transportation trips anticipated on High 20/26, that they were going to discourage driveway entrances as part of their access management program. Instead, they will encourage frontage roads. The same would hold true on Karcher. The criteria for annexation was two fold: it has to be contiguous to a parcel already in the City and it has to be located within the City's Impact Area. Both of these requirements were satisfied. Twenty -four acres of the back part of this property was to be an RV Park and we have received the application and it will be coming forward. Rita Earl, Earl and Associates, 314 BadioIa, again acknowledged she was sworn in. Mrs. Earl noted the following: the applicant was Grapevine 7, Inc. who were interested in having an RV Park on the back 24 acres of this property; the owners of the property were Chris and Arlene Yamamoto who were participating in the annexation; they believed this rezone was appropriate to the area as the City has been committed to commercial development along Highway 20/26 for some time and this will continue; Grapevine 7 has retained Earl and Associates to continue to working on the RV Park and the application has been submitted to the City. When we brought this forward, we knew that the front 8 to 10 acres would remain vacant at this time, but we do want commercial there. That prompted us to request the change in Item C of the Development Agreement. Also, the water rights issue came up. They would like for the Development Agreement to reflect the change from the previous hearing as follows: "The Applicant, on its behalf and its assigns, agrees that if any water rights should be abandoned, instead of abandonment it will transfer such rights to the City." The Mayor asked Ben Weymouth, Assistant City Engineer, if the language was appropriate as requested. Mr. Weymouth indicated that it was. The general intent was to limit accesses along 20/26 to half mile points. Mrs. Earl indicated that they did agree with the Development Agreement. Kris S. Freedman, 5180 Larkwood, Meridian, acknowledged he was sworn in. Mr. Freedman indicated that he was to be the chief operating owner of the RV Park and the builder of it. He was hopeful to be annexed into the City. Reed Taylor, 19210 Wagner Road in Caldwell, acknowledged he was sworn in. Mr. Taylor indicated his support of this project. MOVED by Hopper, SECONDED by Callsen to close the public testimony portion of this Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Callsen. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following Evidence List: Sign up sheets, Staff Report, City of Caldwell zone map; CC -1001, a memo from Earl, Mason and Stanfield, Inc. regarding the language suggested for the access portion of the Development Agreement; CC -1002, the document in the first public hearing discussing the transfer of water rights and the same language would be included in this Development Agreement. MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Callsen. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as outlined in the Staff Report. Those voting yes: Callsen, Hopper, Ozuna, Dakan, and Blacker. Abstain: Wells. Those voting no: none. Absent and not voting: none, MOTION CARRIED FINDINGS OF FACT: Councilman Hopper proposed that the Findings of Fact include the general facts outlined in the Staff Report; Public Testimony heard this evening; the evidence that has been presented and the modifications to the Development Agreement; no one spoke against this annexation in the Public Hearing; the parcel involved as contiguous to the City Limits. Book 43 MOVED by Blacker, SECONDED by Callsen to approve the Findings of Fact as presented by Councilman Hopper. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, and Dakan. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Callsen that the City Council has the authority to approve or deny requests for annexation; the public notice requirements were met; and the hearing was held within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, Callsen, and Hopper. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: The Mayor indicated that the Order of Decision should include the amendments to the Development Agreement that would include the language as presented in CC -1001 and the language in CC -1002. MOVED by Hopper, SECONDED by Ozuna that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 74 -02, requests by the Grapevine 7, Inc. for the following: A change to the Comprehensive Plan Land Use Map to Commercial; to annex approximately 29.54 acres into the City; to rezone approximately 29.54 as a C -3 (Service Commercial) zone; and to include a Development Agreement to clarify the terms and conditions of development; that Development Agreement as specified in evidence CC -1001 with the change to item I as specified in evidence item CC -] 002 was approved. Ms. Johnson noted that Item No. C was previously modified to include "or the multiple commercial uses shall enter into a cross access agreement ". Councilman Hopper stated that he was adopting the conditions in total as specified in CC -1001. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Callsen. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Callsen. Abstain: Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. SUB- 73P -02, A REQUEST BY CARRINGTON COMPANY FOR PRELIMINARY PLAT APPROVAL OF CARRINGTON PLAZA, WHICH CONSISTS OF 2 COMMERCIAL LOTS ON 10.86 ACRES IN A C -I (NEIGHBORHOOD COMMERCIAL) ZONE) Page 150 The Mayor stated that this was also a Public Hearing, Quasi-judicial, and was a request by Carrington Company for preliminary plat approval of Carrington Plaza consisting of 2 commercial lots on 10.86 acres in a C -1 Neighborhood Commercial Zone. This request will follow the same process as before. Sign up sheets were available at the staff table for anyone caring to testify in this matter. The Public Hearing was then opened by the Mayor. Joan Johnston, Community Development Planner for the City of Caldwell, 621 Cleveland was recognized and acknowledged that she was still under oath. Her testimony included the following: As noted in Section 1, the public notice requirements were met; request was by the Carrington Company for preliminary plat approval to develop the Carrington Plaza Subdivision consisting of two commercial lots in a C -1 Neighborhood Commercial Zone. As outlined in the background, the Carrington Company two years did receive planned unit development approval to place a gas station /service station at the site at the southeast corner of Tenth and Ustick. A couple of development meetings were held with Staff. The last meeting she had with Ben Weymouth and Scott Stansfield was outlined on the third page. There were three main items discussed including both driveway entrances on Ustick Road, one nearer to the Tenth Avenue intersection and one nearer to the new fire station. The Caldwell Hearing Examiner recommended a fifteen foot landscaping strip be placed between the curb and the sidewalk allowing an offset sidewalk in order for residents in the area to walk to the site. However, in reviewing that item with the Engineering Department, it was discovered that when they widen the road at Tenth Avenue, there was not enough room in the right of way for an offset sidewalk. As noted under 2. 10, Item No. 12 and 13, there were a couple of items that the Engineering Department wanted noted. Mr. Weymouth would talk to Council about those items. Under 2.13, Irrigation, Pioneer Irrigation noted that they will not take over ownership or maintenance of any pressurized irrigation system for commercial development. It needs to be owned and maintained by business owner's association. After the last pre-development meeting, she received from Mrs. Earl a revised plat with the suggested driveway relocations on it. Mrs. Earl would give Council copies of that document. Book 43 Councilman Wells noted that in the Staff Report, it talks about temporary service sewer and temporary drainage basin. Further on, it talks about no hookups to the sewer line extension and something about temporary septic tank and could they verify the temporary. Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., recognized he was still under oath. Mr. Weymouth stated that there were not any sewer lines with capacity near the site to serve it. There was one along the east boundary and that line was already over capacity. The intent here was to have the applicant install a septic system so they can be picked off by a future line at Ustick Road. I believe that line on Ustick was budgeted for the next fiscal year. The sewer service will be temporary by a septic to be followed by connection to the municipal system once our main lines were available. They would be required to hook up as soon as it was available. With regard to drainage, the drainage from, this site will be incorporated with the plat as a whole for the interim. Rita Earl, Earl and Associates, 314 Badiola St., acknowledged that she remained under oath. Mrs. Earl presented a map which the Mayor labeled as CC -1001 and presented some background on this project. Two years ago, the Carrington Company came to Caldwell and purchased this comer on Tenth and Ustick which was previously annexed into the City and zoned for commercial use. At that time, we brought forward a Special Use Permit and requested a site plan that would show an anchor tenant, some other commercial uses and on the comer of Tenth and Ustick there would be a gas station. This went through the Public Hearing process and was approved by the Hearing Examiner, Subsequently, it was extended for a year while Mr. Carrington looked for an anchor tenant and he was still doing so. His desire was to have a grocery store in that area. One of the things the City recognized as did Mr. Carrington, was that as the community continues to grow, there was a need to have a convenience store /gas station out there. Maverick Inc. has come in and they want to purchase the corner parcel and develop a store there. In long discussions with City Staff, we started working with them back in March determining how this would be platted. Our final decision was that we would make two lots, one for the Maverick site and the other lot would be the remainder of the property. At such time as the anchor tenant comes in or some other tenant comes in to develop there, we would continue on and perhaps come forward with another plat for the larger parcel. We have two roads coming together that obviously were of importance to the City — Ustick and Tenth. It was also her understanding that at some point in the future there would be a traffic signal at Tenth and Ustick. When we received our SUP, we presented a site plan that was approved by the Hearing Examiner. Based on that site plan and its approval, Mr. Carrington moved forward working through Orville Collins looking for tenants. Based upon the site plan, he went to Maverick and they entered into an agreement for this parcel, He was using that same site plan in moving forward in finding other tenants. We did have a permit issued to them and we do feel that we have vested rights in that permit. The issue of the sewer line came to their attention. The intent was to connect to the same sewer line that the Fire Station was connecting to. We have always discussed that if we would not be able to do that, we would put in a temporary septic system through the approval process of Southwest District Health. When a sewer line was available, they will make the connection in accordance to the City's policy. They agreed to the landscaping that would take place. The issue of driveways was also established on the site plan and this was where some conversations have come up with Mr. Weymouth. If you look at the revised map that Joan has handed out, the northeast comer of the plat shows a driveway along the eastern boundary where it was common boundary with the Fire Substation. The intent of that driveway was to allow access for delivery vehicles to the major tenant. The concern came up with where the City required the Fire Substation to locate its driveway which was along that same property line on their side. The discussion became whether they had to move or not. In working with Mr. Weymouth, we determined that we could continue to have that service drive there. A sign would be placed at the drive instructing people that it was only a service drive. If you would look at the map, even though it doesn't show it, you can see where the curb line goes. The curb line would extend down to whatever building was there which would prevent people from using that as an entrance or an exit into the parking lot. The amount of deliveries and the time of deliveries for a grocery store was usually very early in the morning. The driveway that would serve the fire substation was for employees only and was not for general public. We were asking to keep that driveway in that location. The other driveway that became a question was the one further to the west on Ustick. The original site plan called for a driveway adjacent to parcel I on the map. The intent was to allow Maverick to have direct access to and from Ustick Road. We understand that Ustick would be expanding in width and that there would be a dedicated turn bay. The concern her client had with Mr. Weymouth's request to move this over was what it dodp with his relationship to the property and the site. He was only purchasing that short area. To have to extend his purchase another approximately eight feet becomes very difficult for him. Dan Murray from Maverick will discuss this with Council. He would like to request a compromise where the driveway could be moved back closer to his parcel approximately forty feet. Page 151 Mrs. Earl continued stating that when they went before the Hearing Examiner after the gentleman from Thomas Development spoke in favor of the project, the Hearing Examiner felt that we should include another landscape strip which would be behind the curb and before the sidewalk fifteen feet wide. This was a concern for them and also to the Engineering Department. The site itself will have a fifteen foot landscape strip which was approved as a part of the SUP. To put this additional strip brings concerns to Engineering about having to remove it as Tenth Street expands Book 43 page 152 and concerns for them as to how it would be taken care of in the future. They have also met with Mr. Freeman of the Pioneer Irrigation District with regard to the Steelmen Well Pipe. Mayor Nancolas asked that Mr. Weymouth briefly discuss the driveway issue. Mr. Weymouth stated that they were not objecting to the easterly driveway location at all. With regard to the westerly driveway, it was originally shown at 220 feet off of Tenth Avenue. We had concerns with that and a condition that it be right in and right out only at that clearance. When future plans came in, we noticed Brian Avenue on the north side of Ustick was offset by approximately 65 feet from this approach. We want to keep those driveways within ten feet or more than one hundred fifty feet apart to avoid turning conflict as cars enter and exit both of them. That was why we came up with the condition and it was shown two hundred eighty three feet away from Tenth Avenue on this revised plat that Mrs. Earl has submitted, Mrs. Earl stated that she failed to mention one item. Councilman Wells asked about the storm drainage. Because only one parcel was being developed at this time, we want to be able to just do a temporary storm system. There will be an agreement between Maverick and Carrington as to its location and how it will be operated and maintained until the rest of the site was developed. Then all of the drainage will be incorporated into a master plan for this site. Orville Collins, 1002 Blaine Street acknowledged that he was under oath and briefly addressed this matter. He noted that this was approved two years ago and the plans up to scale at that time; the development for the Maverick people and sale was based upon what the scale of the program was at that time; this was a business looked forward to by the people in the area; will provide jobs and help the tax base; he understood Mr. Weymouth's concerns; and he would ask Council to consider a compromise. There was several questions and discussion between Councilman Wells and Mr. Collins. The tape was available for anyone caring to review it. Dan Murray, Maverick Country Stores, 880 West Center Street, North Salt Jake, Utah, acknowledged that he was under oath. Mr. Murray noted that obviously they needed a driveway to service their store; as the driveway was moved further away, it's functionality was diminished; the circulation of their tanker trucks as they deliver fuel was also of concern as they require a larger turning radius and was one of the reasons they wanted that driveway in a closer proximity. He could understand the Staff's desire to have this driveway which would service not just their Maverick Store, but also be a service point for the balance of the shopping center. He could also understand Staffs suggestion that the driveway align with Brian Street. The challenge was that it starts moving that driveway away from us. The other observation was that the parcel to the north would need a driveway onto Ustick to service it as Ustick was developed. The compromise he wanted to put forth to the City and to Staff was what if we looked at aligning our driveway with a proposed future driveway for the Veterinary Clinic. When that side of the road was improved with curb, gutter, and sidewalk and a formal entry established, it would seem that there would be a conflict between the location of drives because there would be three drives. Our drive and the two drives on the north. He would propose as a potential compromise that we look at contacting the Veterinary Clinic across the street and look at positioning our drive so that it would align with the Clinic with stipulations that the driveway not be any closer to the intersection than 180 or 200 feet or 220. Our issue was a driveway that will actually service our property with the extenuating need of the tanker trucks for fuel deliveries and at the same time recognizing that a driveway on the north side was not going to align with ours whether that be Brian Street or the Clinic. There was considerable discussion pertaining to this issue particularly with regard to Mr. Murray meeting with the Clinic and the City be involved in that meeting as well. This would mean tabling this matter tonight until that meeting occurred. It was suggested that it be approved tonight subject to the endorsement of the City Engineer and Staff. The Mayor noted that obviously this was approved several years ago as a Special Use Permit with the driveway being closer. His question to Mr. Weymouth was how was it acknowledged that there needed to be a change and how the process works. Mr. Weymouth stated that it came through for the Special Use Permit with a site plan. That was also approved with the Special Use Permit. Brian Street was not shown on that site plan and it was an oversight on our part not to realize we had a conflict with a street across the road. With that being said, 1 can't answer where we are from a legal standpoint regarding the prior approval. The Mayor indicated that he believed this process was corrected over the years and that was why we now ask for the adjoining properties to be shown for connection or streets and those kind of issues. Mr. Weymouth stated that this was correct. He also noted that two years ago, we were not aware of traffic issues. We probably didn't even consider these kinds of conflicts when we reviewed this application. It was only this last year that we became aware of the traffic issues and the need to address them. There was considerable discussion as to how far the driveway could be moved without causing a safety issue and still accommodate Mr. Murray's needs and meet all the transportation needs. During the discussion, Mr. Murray stated that he would still like to see a compromise and would like to see the matter tabled for further discussion. This request was discussed at some length and Book 43 Page 153 the tape was available to review. The Mayor suggested a motion to continue this hearing in order that all parties would have a chance to meet and resolve the issue pertaining to the driveway. Mike Oke, 709 Trailside Drive was recognized and acknowledged that he was sworn in. He explained that he was here as a property owners in West Valley Subdivision and also as President of the Homeowner Association for Phasesl through 5. He stated that he did like the idea of having a convenience store in their area, but did wonder what other tenants would be located in this area and the process that would be followed when that time arrived. The Mayor explained the process for Mr. Oke and Mrs. Earl also addressed his questions. It was then MOVED by Wells, SECONDED by Hopper that Council continue this preliminary plat request to the Regular City Council of August 19, 2002 at 7:00 p.m. in these chambers. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none, Absent and not voting: none. MOTION CARRIED The Mayor declared a five minute recess, after which the Council reconvened back into Regular Session. (PUBLIC HEARING (QUASI- JUDICIAL) ON CASE NO. SUB- 70P -02, A REQUEST BY RENNY WYLIE FOR PRELIMINARY PLAT APPROVAL OF CLEARWATER PLAZA SUBDIVISION, WHICH CONSISTS OF 5 COMMERCIAL LOTS ON 19.35 ACRE IN A C -3 (SERVICE COMMERCIAL) ZONE) Mayor Nancolas stated that the next matter was also a Public Hearing, quasi judicial) on request by Renny Wylie for preliminary plat approval of Clearwater Plaza Subdivision. The Mayor opened the Public Hearing and requested that Staffmake their report. Steve Hasson, Community Development Director, 621 Cleveland acknowledged that he was still under oath. His comments included the following: That this was a request for preliminary plat approval of a commercial subdivision; he pointed out the location on a map for Council; the parcel consisted of 19.35 acres; Mr. Wylie was proposing to develop the property in phases as C- 3 Service Commerciai Zone; there was a signalized light in place and the applicant would intend to use that light and that driveway to access his property which was located close to Wal -Mart Store; Staff was recommending that there be cross access for parking, drainage, and circulation between the four parcels up front; each parcel was approximately 1 to 2 acres and there was a remaining large parcel, about 13 acres. Mr. Hasson reported that Mr. Wylie was seeking to subdivide the subject parcel, east of the Wal -Mart Store into parcels. The signaled driveway entry into Wal -Mart on Cleveland Boulevard would serve as a shared private roadway through a cross access agreement with the Wal -Mart Corporation He also reported that there was a provision in the subdivision ordinance, which states that all parcels must front public streets. In Mr. Wylie's case, this circumstance would impede the development of this parcel unless this issue is addressed with the Engineering Department. A commercial driveway must have 40 feet and Mr. Wylie has approximately one -half of this frontage available for driveway access. Mr. Wylie has just constructed a Hollywood Video and has done a good job so they do anticipate that his other developments will be of the same caliber. Council discussed this request and asked a number of questions with regard to access rights, drainage, parking, agreements with Wal -Mart, safety barriers, and the Notus Canal and Elijah Dram, signage and access to Laster Lane, and the variance requested by Mr. Wylie for signage at the Hollywood Video. Tape was available for anyone caring to review. Renny Wylie, 1676 West Clarendon, Eagle, recognized he was under oath and presented his remarks pertaining to this request. Mr. Wylie explained that there were three existing accesses on the Wal -Mart property; one on Ustick, one on Cleveland which was a right in and right out, and the signalized approach on Cleveland. It was their intention to develop the four parcels (which he pointed out on the map). They do not currently have a plan for the development of the ground in the back. Laster was not developed from either side. They do have the Notus Canal to get over and the Elijah Drain. Part of the parcel does not lend itself to retail development currently. We would prefer to have their secondary access allowed out through the existing three accesses from the Wal -Mart property. Even if we could figure out a way to circumnavigate Notus Canal and Elijah Drain, there were no roads abutting it so it couldn't go anywhere. We would like to develop Laster Lane in the future. In our conversations with Wal -Mart, they agreed to grant the easement as part of their sale agreement for 30 feet beyond their landscape which will allow for driveway entrance throughout along that boundary. We intend to have each parcel to be able to meet the City's and Wal -Mart's requirement for storm drainage and parking. Wal -Mart will put a deed restriction for more parking spaces than required by City Ordinance. They hope to put the storm drain facility into a common lot and each lot to have enough parking for itself. We were trying to market those four parcels for retail use and have received a lot of interest. They did intend to follow the landscaping requirements. lie also reported that he had talked with the Fire Marshal as to what he would require. The Fire Marshal didn't express any concerns other than once they go past pad D, we need to address the Laster Lane situation. Ben Weymouth commented on the following: According to the City's Subdivision Ordinance, parcels should front public streets. The parcel was not served by a public street and the signalized Book 43 Page 154 entrance into Wal -Mart was proposed to be used for cross access onto this parcel. The Engineering Department was willing to waive the public street requirements with the provision that the following be drafted: 1) Cross access agreement 2) Ingress /egress easement and 3) Operation and maintenance requirements. He also noted that the placement of a second driveway next to the signalized driveway would create transportation conflict. Mr. Weymouth further stated that in the Staff Report, under Engineering comments, 2.7.5, Item No.2, it states that all lots have to front on a public street and the Order of Decision requests that all conditions of the City Engineer be met. He would suggest that Item No. 2 be replaced with 8.14 further in the Staff Report. The Mayor stated that specifically: The issue of secondary access for parcels A, B, C, and D can be addressed through a cross access agreement with Wal -Mart to one of their northern driveways. Council would need to base approval upon the completion of that secondary access agreement with Wal -Mart for the front section and that all issues of preliminary plat be addressed on the lower parcel when development plans were proposed. Again, the Mayor noted that Item No. 2 under 2.7.5 in the Staff Report would be deleted and replaced with the statement made in 8.14. MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the hearing Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List which included: Staff Report, sign up sheets, City of Caldwell zoning map. MOVED by Blacker, SECONDED by Hopper to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none, Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Hopper, SSECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the Staff Report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: Councilman Hopper presented the following facts: Accept as Findings of Fact the general testimony as presented; the Staff Report; the fact that there was no one testifying in opposition to this development. The Mayor made the following suggestion: that Mr. Wylie does understand that the remaining 13 acres would be brought back for further conditions when it was developed; he also testified as a finding that he would be willing to pursue a public road as access off Laster Lane when that development occurs; and was willing to put in a temporary barrier along the back edge along with the landscaping to separate those properties. The Mayor also informed Mr. Wylie that a preliminary plat was good for one year. If it goes beyond a year before he develops No. 5 or E, he would have to come back in to request an extension. MOVED by Blacker, SECONDED by Ozuna to approve the Findings of Fact as presented. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests for preliminary plat approval and to make the decision to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: Mayor Nancolas noted that Council needs to include the corrections as stated by Mr. Weymouth on No. 2 under 2.7.5 being replaced by 8.14 and the conditions regarding bringing any Book 43 Page 155 development back for the lower portion and also the condition of Laster Lane and the condition of secondary access approval with Wal-Mart being consummated. MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the City Council orders that Case No. SUB- 70P -02, the preliminary plat of Clearwater Plaza Subdivision consisting of 5 commercial lots in a C -3 (Service Commercial) zone be approved with the aforementioned conditions: 8. 14, the Applicant will provide the Community Development Department with a copy of the ingress /egress easement, utility and cross access agreements with the Wal -Mart Corporation prior to the granting of a building permit; these agreements shall provide for the operation and maintenance of the common roadway and driveway; that 8.16, the applicant will dedicate right of way for the development of Laster Lane for the future development plans in the southern 13.3 acres; and he would add a 8.17 that would indicate that future development plans for the southern 13.3 acres will require approval of City Council to ensure secondary access and safety concerns regarding the waterways as addressed and remove No. 2 under 2.7.5. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PURSUANT TO IDAHO STATE CODE, 67 -2345, AN EXECUTIVE SESSION HAS BEEN REQUESTED FOR THE PRPOSE OF DISCUSSING PERSONNEL) MOVED by Hopper, SECONDED by Ozuna that pursuant to Idaho State Code, 67 -2345, the City Council convene into an Executive Session for the purpose of discussing personnel. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker that the City Council reconvene into Regular Session at approximately 11:00 p.m. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,382,125.35 for the period ended July 31, 2002 and a net payroll of $179,586.74 for the pay period ended July 13, 2002 and net payroll of $187,728.00 for the pay period ended July 27, 2002. MOVED by Callsen, SECONDED by Hopper that accounts payable in the :amount of $1,382,125.35 represented by check numbers 81263 and through 81624 and the total payroll for the amount of $367,314.74 represented by check numbers 75215 through 75762 and direct deposit stub numbers 20775 through 21188 be accepted, payment approved, and vouchers filed hi the office of the City Clerk. Roll call vote. Those voting yes: 'Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL REPORTS) Mayor Nancolas stated that due to the late hour, they would bypass the Council Reports at this tune. (MAYOR'S COMMENTS) The Mayor briefly reported to Council several events coming up as follows: On August 7"' at 6:00 p.m. was the Transportation Report in this room; August 8 at 4:00 p.m, was report on Urbanized Area; Monday night on August 12"' was a workshop on the Landscape Ordinance; August 14� was the Mayor's Night at the Rodeo and they were all invited; and after discussion, it was determined that they would meet at 7:00 a.m. on August 8 to discuss fee increases. (ADJOURNMENT) Book 43 Since there was no further business, it was MOVED by Callsen, SECONDED by Hopper to adjourn the Regular Council Meeting at 11:30 p.m. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written TINS 19th DAY OF August 2002. Page 156 Mayor rs - 27ncilperson i cilper C cil erson Councilperson Councilperson ATTEST: City Clerk rvp IqV - �. R " �ry � 4 z'' s N �