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HomeMy WebLinkAbout2002-09-03city council minutesBook 43 REGULAR MEETING SEPTEMBER 3, 2002 7:00 P.M. The Meeting was called to order by Mayor Nancolas. Page 173 The Invocation was offered by Freddie Lane of the Caldwell Christian Center. The Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Absent: none. SPECIAL PRESENTATIONS. Mayor Nancolas explained that every month they try to acknowledge an employee who has set an example for the rest of the employees of the City of Caldwell. Supervisors present recommendations to the Mayor's Office each month and an employee was selected. This month's employee was recommended by Bob Sobba, Chief of Police and was Julie Zuckschwerdt from the Police Department. The Mayor read the memo as follows: Julie was the creator, founder and publisher of the Caldwell Police Newsletter, "Beyond the Badge ". Julie has been very creative with this endeavor and has developed some fun columns such as the classified, opinion and birthdays. She also has a cooking column with recipes of the employees and their spouses, clerical files and fun games. She made the "Beyond the Badge" an informative document with articles about training, certification and awards. She has made the news a moral booster in our Department. Julie is a very positive, outstanding person as well. She is quiet and seldom receives the recognition she deserves. A lot oftime is spent in this publication and she does this on her own times. For these reasons, and many others, Julie was very worthy of this recognition. The Mayor recognized Julie and asked her to come forward. He presented her with a plaque and a gift. ADDITIONS OR DELETIONS TO THE AGENDA. The Mayor asked if there were any additions or deletions to the prepared Agenda. It was MOVED by Ozuna, SECONDED by Hopper to move Item No. 8 under the Consent Calendar to Item No. I A under New Business and the present Item No. I would be No. 1 B. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Those voting no: none. MOTION CARRIED It was further MOVED by Hopper, SECONDED by Callsen that pursuant to Idaho State Code, 67 -2342, that an Executive Session be held just before the Financial Report for the purpose of discussing land acquisition 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 approve the Agenda as amended. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION. The Mayor asked if there was anyone in the audience who cared to address the City Council at this time. Mr. Beauchamp, 1522 Dearborn, was recognized and expressed concern about the property that was located across the alley from him. He passed out some pictures of the property stating that he had reported the condition to the Code Enforcement Officer, but so far nothing has been done to clean it up. He did feel that it was a safety and health issue. The Mayor stated that he would take care of this in the morning. Since there was no one else who cared to address the Council, the meeting would continue as outlined. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for consideration by the Members of the Council: Book 43 1. Dispense with the reading of the minutes of the August 19, 2002 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Library Board Meeting held on July 2, 2002; 3. Approve acceptance of a Deferral Agreement with Bradshaw Construction, LLC; 4. Approve the following Resolution authorizing execution of a State /Local Construction Agreement regarding the Caldwell Centennial Way Beautification: 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, 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; WHEREAS, The City is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal Aid Highway Project STP- 3220(613) 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. 5. Approve a request from Idaho Power for a 25 foot side easement across City property that fronts on Madison Street for a proposed power transmission line; 6. Approve acceptance of a Deferral Agreement from Roark 1996 Revocable Trust/Karen Roark Trustee; 7. Approve Resolution authorizing execution of a Consultation Agreement, Well No. 17 Test Well with Hydrologic, Inc.; MOVED by Hopper, SECONDED by Blacker to approve the Consent Calendar as amended. 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 (PUBLIC HEARING ON THE PROPOSED FEE SCHEDULE INCREASES TO BE EFFECTIVE OCTOBER 1, 2002) The Mayor informed Council that the first item under New business was a Public Hearing on the proposed fee schedule increases to be effective October 1, 2002. There was sign up sheets for anyone who cared to address the Council on the fee increases. The Public Hearing was then opened and the Mayor asked that the Finance Director, ElJay Waite, come forward and make his presentation. Mr. Waite, 1910 East I-Iomedale Road, the Finance Director for the City of Caldwell was recognized. He stated that the purpose of this hearing was to present to the public the fee increases for the City which were in excess of 105% of fees last collected. Mr. Waite reviewed the fees increases including the Golf fees; the water, sewer, sanitation, and engineering were also reviewed and he requested that they strike out the sanitation fees from this hearing as they will be discussed as they negotiate that contract. The increases were discussed by Council in a workshop and have been reviewed by the Public Works Director., In addition, he discussed the increases at the Caldwell Event Center, Recreation Department and the Community Development Department. A copy of the increases will be attached to the minutes and will be on file in. the City Clerk's Office. It was the recommendation of the Finance Director that Council consider approving the fees as presented. MOVED by Callsen, SECONDED by Dakan to remove the fees as stated by Mr. Waite on the second page under Sanitation which were cart service and Rental and Recycling fees. Page 174 Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 43 The Mayor noted that no one was signed to speak to this matter. It was then 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 The Mayor officially closed the Hearing and read Resolution No. 67 -02 as follows: A RESOLUTION OF THE CITY OF CALDWELL, IDAHO, A MUNICIPAL CORPORATION OF IDAHO, ADOPTING A SCHEDULE OF FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS SPECIFIED BY CITY CODE; PROVIDING FOR THE EFFECTIVE DATE OF ALL FEES. WHEREAS, The City Council deems it advisable to adopt revised, existing, and new fees in one Resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Caldwell as follows: 1. That the fees set forth in Exhibit "A" attached hereto and made a part hereof, be in full force effective the 1" day of October, 2002. 2. That any resolution or provision thereof which is inconsistent with this Resolution is hereby repealed. MOVED by Dakan, SECONDED by Callsen to approve the amended Resolution No. 67 -02 as presented. Also included in the motion were Resolution No. 55 -02, Sewer System Fees and Policies; Resolution No. 56 -02, Street Lighting Fees and Policies; Resolution 57 -02, Water System Fees and Policies; Resolution No. 58 -02, Airport Fees; and Resolution No. 59 -02, Engineering Review Fees. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (APPROVE FIVE RESOLUTIONS AUTHORIZING SIDEWALK REPAIR AT THE FOLLOWING PROPERTIES: 127 SOUTH 6 T " AVENUE INCLUDING LOTS 23 AND 24 IN BLOCK 3; LOTS 12 AND 13 IN BLOCK 2 ALONG 6 AVENUE AND 909, 911, 913,919 AND 923 ON DEARBORN) The Mayor stated that the purpose of moving this item off the Consent Calendar was because there were a couple of questions from the property owners. The reason for the repairs was because the City Council has the responsibility to the public to provide safe and passable sidewalks. The property owners have been contacted. The City Engineer, Mr. Law, informed Council that a total of five different property owners have been notified that they have sidewalks that were considered unsafe. At least one of the property owners affected by this determination has asked for a few moments to address Council regarding his concerns. He has some issues relating to the properties which ought to be weighed in Council's decision. Mr. Law stated that Resolution No. 65 -02 was one that he was aware of Mr. Gene Hemenway was present and would like to discuss those properties that the Resolution relates to. The addresses were 911, 913, 919, and 923 Dearborn Street. He was not aware if there was anyone else here tonight to speak to Council. Gene Hemenway, 314 East Linden, was recognized and came forward. Mr. Hemenway stated that he currently owned the properties identified by Mr. Law. His intention was to sell those properties in the near future to a local bank who planned to put a building there. They plan to begin construction in the next sixty days and at the time they begin construction, they will handle the site as other commercial sites were handled. The Resolution states that the sidewalks be repaired within sixty days. We were hoping that construction would begin within that sixty days and they would make the sidewalks safe during the course of construction. He was asking that Council waive the Resolution or give them a variance in the Resolution so they could complete the construction which will be an asset to the City. MOVED by Dakan to drop those properties mentioned. Mr. Law indicated that the Resolutions could be modified and passed at this time. Mr. Hemenway's concern was specifically in Resolution No. 65 -02. It would be appropriate to not pass or to amend at this time. Councilman Dakan withdrew his motion. Page 175 This matter was discussed at some length. The City Attorney stated that he did have a proposal in terms of modifying the Resolution to address the concerns raised. It could be modified to read: Instead of requiring the owner to comply with the Code, which was to repair or replace in sixty days, that we require the owner or his assign to make reasonable progress toward replacing and repairing sidewalks. His intent would be to take into consideration that during the construction Book 43 Page 176 process, sidewalks might not be the first thing that gets reconstructed, If the site eras moving forward and the problem being fixed, they would be in compliance with the Resolution. The liability of the unsafe sidewalks was discussed further. Mr. Hilty informed Council that his suggestion would be as that the Council directs notice to be sent to the owner of the property ordering compliance to applicable City Codes and if said owner, or his assign, does not make reasonable progress towards replacing or repairing said sidewalks within sixty days following the date, the City would act. Reasonable progress would be if the plans were where they would expect them to be in sixty days and the work on the site was continuing at a reasonable pace. The Mayor stated that Resolution Nos. 61 -02, 62 -02, 63 -02 and 64 -02 could be passed at this time and then consider Resolution No. 65 -02 separately. MOVED by Ozuna, SECONDED by Callsen to approve the four Resolution pertaining to sidewalk repair as presented by Mayor Nancolas. Roll call vote. Those voting yes: Ozuna, Dakar, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then noted that with regard to Resolution No. 65 -02, he would ask the City Attorney, Mr. Hilty to again read the language he would suggest to amend that Resolution. Mr. Hilty stated that he only made changes to the last sentence of the Resolution. It would read as follows: "Said Council directs notice be sent to the owner of said properties ordering compliance with applicable City Codes and if said owner or his assign does not make reasonable progress toward repairing or replacing said sidewalks within sixty days following the date of a notice, the City of Caldwell will repair said sidewalk by contract and assess the cost of the repair to the property owner." MOVED by Dakan, SECONDED by Blacker to approve amending Resolution No. 65 -02 as recommended by the City Attorney. Roll call vote. Those voting yes: Dakar, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Callsen that amended Resolution No. 65 -02 be approved. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC BEARING (QUASI - JUDICIAL) ON CASE NO. ZON- 23 -02, A REQUEST 13Y CORY CASTAGNETO FOR APPROVAL TO REZONE APPROXIMATELY 1.57 ACRES FROM AN R -I (SINGLE FAMILY RESIDENTIAL) ZONE TO A C -4 (FREEWAY COMMERCIAL) ZONE) Mayor Nancolas stated that the next item was a Public Hearing on a request for approval to rezone approximately 1.57 acres from an R -1 (Single Family Residential ) to a C -4 (Freeway Commercial). The Mayor explained the process to be followed in a quasi judicial public hearing and noted that the next three items were quasi judicial. In order to testify during these ; Iearings, it was necessary to sign the sheets available at the staff table. In addition, those testifying would be sworn in before making their presentation which would include the Staff as well. He asked all of those who were signed to testify to rise and they would be sworn in. The Mayor then opened the Public Hearing and asked Mr. Hasson to make his staff presentation. Steve Hasson, 621 Cleveland, of the Community Development Department was recognized by the Mayor. Mr. Hasson noted the following: this was a request by Cory Castagneto to rezone a parcel of property (approximately 1.57 acres) from an R -1 Zone to a C -4 Zone; he pointed out the area on a map for the benefit of the Mayor and Council; Mr. Castagneto was desirous of placing 223 mini storage units on the site and along with that, a request for a rezone from R -1 to a C -4; the mini storage was allowed in a C -4 by special use permit; the special use permit was granted with certain conditions which was only valid if following by, a rezone process. This was heard by the Hearing Examiner and he did approve the special use permit and did recommend the rezone. This property was adjacent to another piece of property that was zoned C -4. The staff feels its highest and best use was as a freeway parcel of land. The Mayor read the following letter into the record which was identified as CC -1000: I am writing in response to the upcoming hearing before the City Council concerning a request for rezoning. Re: case numbers ZON -23 -02 and SUP - 165 -02. The parcel in question is at the SW corner of Florida Avenue and Owyhee Lane. I wish to express my disappointment regarding the approval of the "special use permit' to build a large mini storage facility and would like to reiterate my strong objection to the proposal to rezone Book 43 this lot as C -4 (Freeway Commercial). This neighborhood is a quiet residential area and really does not provide an appropriate location for a commercial business. Due to the inevitable increased traffic and noise (especially trucks), I feel that having the proposed mini storage facility, or any other commercial business at this location, would permanently damage the quiet residential atmosphere and appeal of the neighborhood, unnecessarily increase traffic dangers to children and would decrease residential property values in the area. I am a homeowner and have resided on Owyhee Lane since November of 1993. Please allow this property to retain it's R -1 Residential Zoning, thereby promoting the development of single family homes. I would appreciate you submitting this for the record and presentation at the City Council Meeting scheduled for September 3, 2002. Signed by Patricia Winberg, 2909 Owyhee Lane. Cory Castagneto, 3211 Kellen Circle, Nampa was recognized and noted that he was under oath. Mr. Castagneto commented on the following: This property was surrounded by six and a half acres of C -4 and the other side was the Freeway; the owner looked at the options and could see it only as a commercial value; they wanted something that did not have a high impact; mini storage was not high traffic; it would have a nice fence and some landscaping; they were small units and there would only be 220 units. Mark Wilde, 4310 East Locust was recognized and acknowledged that he was under oath. Mr. Wilde briefly stated that he believed this would be an improvement to the area. MOVED by Ozuna, SECONDED by Callsen to close the public testimony portion of the 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 EVIDENCE LIST: The Mayor presented the following evidence: The sign up sheets; the Staff Report; City's zoning map; the site plan, and CC -1000 which was the letter from Patricia Winberg. MOVED by Callsen, SECONDED by Blacker to accept the Evidence List as presented by the Mayor. 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 Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis presented in the Staff Report. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Callsen, SECONDED by Dakan to accept the general facts outlined in the Staff Report and the testimony received this evening; no one spoke in opposition to this request; Mr. Castagneto was willing to work with the Church regarding landscaping and a letter was received in opposition. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Blacker that the Caldwell City Council has the authority to hear this request 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: MOVED by Callsen, SECONDED by Blacker that based upon the Findings of Fact and Conclusions of Law, the City Council orders that Case No. ZON- 23 -02, a request by Cory Castagneto to rezone approximately 1.57 acres from R -1 (Single Family Residential) to C -4 (Freeway Commercial) is approved. Page 177 Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 43 Page 178 MOVED by Hopper, SECONDED by Ozuna 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: non. MOTION CARRIED (PUBLIC HEARING (QUASI JUDICIAL) TO HEAR CONCURRENTLY, CASE NOS. ANN -76 -02 AND SUS- 74P -02, REQUESTS BY PROVIDENCE DEVELOPMENT GROUP FOR APPROVAL OF THE FOLLOWING: TO ANNEX APPROXIMATELY 34.67 ACRES INTO THE CITY AS R -1 (SINGLE FAMILY RESIDENTIAL) ZONE; A DEVELOPMENT AGREEMENT; PRELIMINARY PLAT APPROVAL OF MILAGRO SUBDIVISION CONSISTING OF 139 RESIDENTIAL AND 10 COMMON AREA LOTS) The Mayor again explained the process for the Public Hearing and declared the Public Hearing open. Joan Johnson, Community Development Planner, 621 Cleveland was recognized and acknowledged that she was under oath. Ms. Johnson commented on the following: Public Notice requirements were met as set forth in Idaho Code, Chapter 65, Local Planning Act; the request was to annex approximately 34.67 acres of vacant land into the City as an R -I (Single Family Residential) zone; they were asking for Preliminary Plat approval as well; Staff has prepared a Development Agreement which was attached to the Staff Report; the applicant was requesting t annex approximately 34.67 acres of a 40 acre parcel; Staff was requesting that City Council determine if the omission of 5 acres from this proposed annexation and subdivision was in the best interest of the City and direct the applicant to annex the entire 40 acre parcel into the City, if that was your directive; received a standard memo from the Engineering Department outlining their requirements and suggestions; received a standard memo from the Fire Department and also from Pioneer Irrigation District as well. The Mayor recognized Mitchell Armith, 701 South Allen in Meridian spoke in favor of the request and also acknowledged that he was under oath. He commented on the following: Milagro Subdivision was located on Indiana Avenue north of Moss Lane; was approximately 34.6 acres with 2.6 acres in open space; there were 139 buildable lots with 10 open area lots; they agreed to all of the Findings submitted by Staff except the recommendation to annex the five acres. We believe the 5 acres really has no bearing on this subdivision. Mr. Andrae uses it for agricultural purposes. Crary Himes, Hubble Engineering was present to answer any questions that might be asked. Steve Hasson noted that he was still under oath and discussed enclaves at some length and explained that they were hoping to eliminate enclaves that could cause a problem in the future. The Council Members discussed this issue indicating a number of problems that could occur by not annexing them when the property around was being annexed. Ms. Johnson commented that she has had several conversations with the applicant's representative and they were currently working with Mr. Andrae on the possibility of future annexation of the parcel. They have first right of refusal if Mr. Andrae does decide to sell and they do plan to purchase it from him when the time comes. Mark Hihy, the City Attorney stated that the City could certainly not have the annexation of that enclave as a condition during this proceeding. It was not noticed that way and we do not have the property owner's consent. He did believe the City could do a Forceable annexation if it was completely surrounded by City property at some point in the future. Mr. Hilty did caution the Council in relying on this and explained his reason for this comment. The Mayor asked Mr. Hilty for clarification — the action of the City Council this evening does not include any action on the five acre discussed. Mr. Hilty stated that this was correct. Mr. Armith stated that in rebuttal, they were working with Mr. Andrae on annexing that property, but it will come in due time when the development moves north. MOVED by Ozuna, SECONDED by Callsen to close the Public Testimony portion of the 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 EVIDENCE LIST: The Mayor presented the following as Evidence: City of Caldwell zone map; the preliminary plat; sign up sheets; and the Staff Report. MOVED by Hopper, SECONDED by Callsen to approve the Evidence List 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. Book 43 COMPREHENSIVE PLAN ANALYSIS: MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to adopt the Comprehensive Plan on the annexation 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: MOVED by Hopper, SECONDED by Callsen to accept the general facts outlined in the Staff Report; the testimony given this evening; and the fact that there was no one who testified in opposition to this annexation. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Callsen that the Caldwell City Council has the authority to hear this request 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: MOVED by Ozuna, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the City Council orders that Case No. ANN- 76 -02, a request by Providence Development Group to annex approximately 34.67 acres into the City of Caldwell as an R -I zone and to include a Development Agreement was approved. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED The next item for the Council to take action on was the preliminary plat request. FINDINGS OF FACT: MOVED by Hopper, SECONDED by Callsen to accept the Findings of Fact as outlined in the Staff Report, public testimony heard this evening and the fact that there was no opposition to the preliminary plat. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this request 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: MOVED by Hopper, SECONDED by Callsen that based upon the Findings of Fact and Conclusions of Law, the City Council orders that Case No. SUB- 74P -02, a request for preliminary plat approval of Milagro Subdivision, which consists of 139 residential lots and 10 common areas was approved with the aforementioned conditions 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 The City Attorney suggested that the Council consider approving the deletion of Item No. J in the Development Agreement as it requires the applicant annex the five acre parcel under discussion. Page 179 MOVED by Callsen, SECONDED by Ozuna that Item No. J in the Development Agreement be deleted. Book 43 Page 180 Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CAB'.RIED 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) TO HEAR CONCURRENTLY, CASE NOS. ANN -77 -02 AND SUB- 75P -02, REQUESTS BY PINNACLE ENGINEERS, INC. FOR THE FOLLOWING: TO ANNEX APPROXIMATELY 21.12 ACRES AS AN R -I (SINGLE FAMILY RESIDENTIAL) ZONE AND APPROXIMATELY 2.56 ACRES AS A C -1 (NEIGHBORHOOD COMMERCIAL) ZONE; A DEVELOPMENT AGREEMENT; PRELIMINARY PLAT APPROVAL OF SYRINGA SUBDIVISION CONSISTING OF 76 RESIDENTIAL, ONE COMMERCIAL, AND NINE COMMON AREA LOTS) The Mayor again stated that this was a Public Hearing on requests by Pinnacle Engineers. He noted that one person was signed up to speak in favor of this request and four were signed with regard to questions and discussion. The Public Hearing was opened and the Mayor requested the Staff Report at this time. Joan Johnson, Community Development Planner for the City of Caldwell, 621 Cleveland, acknowledged that she was under oath. Ms. Johnson, commented on the following: This Public Hearing was properly noticed; the request was to annex approximately 21.12 acres into the City as an R -1, Single Family Residential Zone and approximately 2.56 acres as a C -1, Neighborhood Commercial Zone; in addition, a request to develop Syringa Subdivision; she presented a plat for review; she received a memo from the Engineering Department outlining their requirements; she noted in particular Items No. 11 and 12 dealing with street improvements. The street improvements included curb, gutter, sidewalk, paving. Under No 12, Spruce Street was designated as a major collector and the Engineering Department requests dedication of 33 feet of right of way. It should be noted that the continuation of Spruce was recognized as a transportation need in the City's Comprehensive Plan. Montana Avenue was designated as a minor arterial and the Engineering Department requests dedication of 40 feet of right of way. Extending Spruce Street to the westerly boundary will require installation of a culvert and a collector street crossing the Dixie Drain. Construction plans for this crossing were subject to the approval of the City Engineer as well as the Bureau of Reclamation and/or Pioneer Irrigation District. The Engineering Department also requests that the following items be included within a Development Agreement for the proposed annexation and rezone: dedication of right of way along Montana Avenue, Spruce Street, and Washington Avenue; construction of street improvements along all three of those streets; and a transfer of any water rights to the City that will be abandoned by development. Ms. Johnson also stated that she had conversation with Mr. Boyle, the applicant's representative, concerning a slight modification to the layout and he would speak to Council about this. The corrected preliminary plat was labeled as CC -1000. This change would make all of the lots in those two blocks slightly larger and does not cause any problems. Clinton Boyle, 12552 West Executive Drive, Boise, representing Pinnacle Engineers, was recognized and noted that he was under oath. Mr. Boyle stated that the proposed project was for an annexation of 23.6 acres of land; this project essentially facilitates those problems of enclaves discussed by Mr. Weymouth; the property has frontage on Montana Avenue and Washington Avenue and also extends to the north off of Spruce. There were existing services surrounding this property. With regard to the commercial request, they were requesting 2.56 acres of this annexation to be rezoned to a C -1, Neighborhood Commercial use. With that, the area that was proposed for the C -1 use would have frontage on Montana Avenue which he pointed out on the map for Council's benefit. The actual property for building was a single lot and just under an acre and a half and they believed it would fit in very well with the neighborhood. It was his understanding that the City has a need for some of these commercial areas to allow for neighborhood convenience retail and services in residential districts. However, there was not a specific user at this time and the Hearing Examiner did relate to them what uses were al?owed. Mr. Boyle also discussed the residential portion of this request stating that it was a proposal for 76 single family residential lots and the rest being in common lots and the single neighborhood commercial lot; also commented on the slight change as mentioned by Ms. Johnson and explained at some length how this would be a benefit for all concerned. In addition, he discussed the landscaping and Dixie Drain; the walking paths along the drain; the fencing along the Drain and that removal of requirement for the fencing; discussed the Fire Department's access in the area. The final issue discussed was with regard to Spruce Street which was designated as a collector connection between Tenth and Montana Avenue.' At this time, Spruce Street extends to Washing ton Avenue and that was where the improvement on Spruce ends. From there, there was no vehicular access along Spruce in the vicinity of where it would extend along Syringa Subdivision. Understanding that this was a connection the City wants to make, the developer was in agreement to dedicate right of way for the future extension of Spruce. They have incorporated the right of way dedication for Spruce Street along the south portion of the property. There were several issues of contention the developer has with doing the street improvements. The Hearing Examiner did not require the street improvements along Spruce Book 43 Street. The Hearing Examiner required the dedication of right of way only and no street improvements adjacent to our site on Spruce. Mr. Boyle presented another exhibit for Council's benefit. Mr. Boyle further noted that on July 25 of this year, Jefferson Junior High did come before the Planning Commission requesting a conditional use permit for some classrooms. Many of the neighbors testified that they were opposed to the extension of Spruce Street for various safety issues. The School District was also opposed the extension of Spruce. He believed that if the City does deem that Spruce was a necessity, there should be a series of public hearings specifically on Spruce Street to address some the issues that the public has. He reviewed at some length the reasons and testimony expressed before the Hearing Examiner and the problems involved with the school and the public as well as the developer. The tape was on file for anyone - caring to listen to it. The Mayor requested a five minute recess. The Mayor called the meeting back to order at 9:05 p.m. The Mayor stated that he would now hear from those signed to testify at this time. Keith Dixon, 3117 Jefferson Parkway, was recognized and noted that he was under oath. Mr. Dixon stated that he owned property along the Dixie Drain and that there was approximately 35 feet of farmable property between his fence line and the edge of Dixie Drain. He wanted to know what would happen to this property. Mr. Boyle answered that this property would be part of the common area to be owned and maintained by the Syringa Subdivision. Dan Erskine, 3104 South Montana, acknowledged that he was under oath. Mr. Erskine expressed concern with regard to his irrigation water, livestock, and well. Mr. Weymouth, Assistant City Engineer, stated that one of the Engineering Department's requirement was that the applicant and developer work to preserve any existing irrigation drainage or delivery system. They would see that his drainage from his property was taken care of. With regard to the well, they were aware of it and would consider separation requirements mandated by D.E.Q. Mr. Boyle informed Mr. Erskine that one of the recommendations from the Hearing Examiner was a six foot site obscuring fence along the south boundary of the commercial area. Darin Mooso, 3115 Jefferson Parkway, acknowledge that he was under oath and expressed his concern about the extension of Spruce Street particularly with regard to safety of the school children. Barbara Daily, 3023 Jefferson Parkway, was sworn in before presenting her comments. She expressed concern about the land along the drainage and realized that the negotiations regarding this were still ongoing. Mr. Boyle assured her that they would be notified. Mr. Boyle presented his rebuttal and clarified some of the concerns expressed by those involved in this matter including that the School District was in support of the Spruce Street extension and the removal of the fencing along the Dixie Drain and the School District's involvement in this issue. The Council Members discussed this matter at some length particularly with regard to Spruce Street. Mr. Weymouth stated that Spruce Street was classified as a collector roadway and the City Code states clearly that all streets that border an area that was or will be developed into a subdivision or planned unit development shall be provided and improvements shall extend to and include the area within any street intersection. The Hearing did require right of way, but did not require street improvement. However, City Code does require those improvements. Secondly, there was discussion by Mr. Boyle regarding a recent special use permit for Jefferson Junior High School. This school originally came in with a special use permit for the entire site and currently do not have one. When they found that the City wanted Spruce Street, they modified their application to reflect two modular units and that was all they wanted. Mr. Boyle also brought up the point that other jurisdictions purchase right of way from developers. Other jurisdictions also charge impact fees that they use to purchase right of way and for street improvements. Caldwell currently does not have impact fee structure. The Council Members discussed the request involving this development. Mr. Hasson pointed out that the Comprehensive Plan does specifically identify Spruce Street as a thru street. Last year the Council adopted Functional Classified Road Map which shows Spruce Street as a future collector. When the School came in a couple of weeks ago and asked for a special use permit, as part of that, there was an agreement that they would dedicate some right of way for placing a modular and also they agreed, in spirit, that the road should go through. During the discussion, the developer indicated that he would install curb, gutter, and sidewalk along the south boundary of the project with the exception of a crossing over the Dixie Drain. He was proposing a thirty foot right of way width along Spruce. The City Attorney stated that Section 11 -04 -05 of the Caldwell City Code, Subsection B under the general heading of Required Improvements /Streets and Alleyways states: All streets that border an area that is or will be developed into a subdivision or planned unit development; Roadways shall be provided which was a minimum of one half of the proposed of the ultimate roadway width plus seven and a half feet. Improvements shall extend to include the area within each street Page 181 Book 43 intersection. Mr. Hilty further commented that this was kind of a design principle; the developer's responsibility, It seemed to him that Spruce was a border street and Council has.not, in his memory, treated a black and white City Code development requirement for subdivisions as where there was some discretion as to whether it applied or not. There was nothing in the Ordinance that provides for deferral of the improvements as would be the case with our infrastructure improvement policy where individual homeowners typically can defer some improvements in connection of issuance of building permits. You don't have a similar latitude in our existing ordinance regarding preliminary plats and required improvements. He did not see that there was a lot of latitude to do "horse trading" on this issue. Maybe this is a situation where there needs to be more discussion between Staff and the developer with what was or was not required. Mr. Weymouth commented that the City has a Code to follow. You are asking us to negotiate on it. We don't know what to negotiate because we do not have the authority to change it. Staff would need more direction than heard discussed so far. The Mayor asked for another short recess. The meeting was reconvened at 9:55 p.m. After the recess, Mr. Boyle indicated that he discussed Spruce Street with the developer and he asked that he inform Council that he did want to have adequate, fair, and reasonable treatment on this project. He brought out the point that Jefferson Park Subdivision was also under this same Subdivision Ordinance and same Camp Plan and did not have to install any of the improvements on Spruce Street. He would ask that they make a decision on the project this evening. He wasn't sure that negotiations would render anything different than has been presented this evening. Mr. Hilty asked Mr. Boyle if he was aware that the proposed Development Agreement requires the improvements on Spruce. This has been processed with the Development Agreement which was attached to the annexation and the consequent rezone. Has the developer executed the Development Agreement. Mr. Boyle indicated that he had not. Mr. Hilty then asked whether he would execute the Development Agreement if it includes the improvements on Spruce Street. Mr. Boyle stated that this was his position. If the Council decides that Spruce must go in with the full improvements, he believed he would execute the Development Agreement if that was the Council's rendering on the project. However, he is opposed to the full improvement of Spruce. He will abide by the Council's decision. Mr. Hilty further stated that if the developer was not going to sign the Development Agreement and Council was going to require the improvement of Spruce, it would be his legal advice that the Council not annex the property which was the first part of the proceeding tonight. Also discussed was the possibility of deleting a portion of the Development Agreement that deals with the requirement of installation of a culvert and a collector street crossing across the Dixie Drain. MOVED by Dakan, SECONDED by Blacker to close the Public Testimony. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following as the Evidence: City of Caldwell zone map; Staff Report; Sign up sheet; corrected preliminary proposal, CC -1000; the blown up map of requested street change, CC -1001; condition 8.9 that Mr. Boyle presented from the Caldwell School District, CC- 1002; and the Functional Classification Map. MOVED by Ozuna, SECONDED by Blacker to approve the Evidence List as presented. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor stated that the first item would be to address the annexation issue. COMPREHENSIVE PLAN ANALYSIS: MOVED by Callsen, SECONDED by ][-Topper to accept the Comprehensive Plan Analysis as presented in the Staff Report. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT FOR THE ANNEXATION: Page 182 MOVED by Hopper, SECONDED by Blacker to accept the information contained in the Staff Report; testimony given this evening, the evidence list as previously adopted; the fact that the City Council was bound by certain ordinances to impose certain requirements on subdivision developments and the annexation would be dependent upon the Development Agreement to be signed by the developer and the Council; the property was contiguous to the City of Caldwell. Book 43 Roll call vote. Those voting yes: Hopper, Ozuna, Dakar, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW FOR THE ANNEXATION: MOVED by Ozuna, SECONDED by Dakan that the Caldwell City Council has the authority to hear this request 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, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION FOR THE ANNEXATION: MOVED by Callsen, SECONDED by Hopper that based on the Findings of Fact and Conclusions of Law, the City Council orders that Case No. Ann- 77 -02, a request by Pinnacle Engineers, Inc. to annex approximately 21.12 acres into the City as an R -1 (Single Family Residential) zone and approximately 2.56 acres as a C -1 (Neighborhood Commercial) zone, to include a Development Agreement and the parcel included in the next available update of the Comprehensive Plan Land Use Map. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas informed Council that the next issue would be the preliminary plat. The Comprehensive Map Analysis was included in the previous motion and was applicable to both the subdivision preliminary plat and the annexation request. FINDINGS OF FACT FOR THE PRELIMINARY PLAT REQUEST: MOVED by Hopper, SECONDED by Blacker to accept the Staff Report; testimony presented tonight; the fact that they have submitted a new proposed plat which had no significant changes; that they were willing to fence the Southern boundary of the Commercial area and exhibits that were also presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. 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 bear this request 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: MOVED by Hopper, SECONDED by Callsen that based upon the Findings of Fact and Conclusions of Law, the City Council orders that Case No. SUB- 75P -02, a request for preliminary plat approval of Syringa Subdivision consisting of 76 residential lots and one commercial lot and nine common area lots was approved with the conditions as outlined in the Staff Report and as the proposed plat was submitted tonight eliminating Cascade Street. 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 tali vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FOR EXECUTIVE SESSION) MOVED by Hopper, SECONDED by Blacker that pursuant to Idaho State Code, Section 67 -2345, the City Council convene into an Executive Session for the purpose of discussing land acquisition. Page 183 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 the City Council convene back into the Regular City Council Meeting. Book 34 Page 1.84 City Cler Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. "Chose 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 $1,149,164.76 for the period ended August 30, 2002 and a net payroll ending on August 24, 2002. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,149,164.76 represented by check numbers 10000 and through 10434 and payroll in the amount of $356,262.06 represented by check numbers 100 -347 be accepted, payment approved and vouchers filed in 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) Councilwoman Ozuna commended the Community Development Department for answering questions quickly and doing a good job. Councilman Hopper reported that he attended Farmer's Appreciation Day and it went well. (MAYOR'S COMMENTS) The Mayor reported on the following: He would be attending an A.T.C. Board meeting all day on Thursday in Boise; September 6 from 9:00 a.m. to 4:00 p.m. would be a Legislative Meeting at the Boise City Hall; September 13 was the Pun Run; September 14`" at 8:45 a.m. at the Police Station, Senator Crapo will make a formal announcement regarding the Department receiving a grant from E.D.A.; on the II' there would be events throughout the day in remembrance of September I I' including a parade of law enforcement and fire vehicles with events at the band shell in the park; he was also speaking at the High School; the Mayor's golf tournament would be on September 14'". (ADJOURNMENT) Since there was no further business, it was MOVED by Hopper, SECONDED by Wells to adjourn the Regular Council Meeting at 11:30 p.m. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. 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