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HomeMy WebLinkAbout1997-10-06city council minutesBook 38 REGULAR MEETING OCTOBER 6, 1997 7:30 P.M. The Meeting was called to order by Mayor Winder. The Invocation was offered by Pastor Norman Rutzen of the Valley Pentecostal Church after which 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: Houchins, Evans, Earl, Busch, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. Councilman Houchins noted that under item four on the Consent Calendar where it designates acceptance of a deed from Evaine and Barbara Fehrer, there should be added an approval of a right of way contract with them as well. MOVED by Houchins, SECONDED by Earl to accept the Agenda as amended with the addition of acceptance of a right of way contract. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED INTRODUCTION OF SPECIAL VISITORS. Mayor Winder welcomed everyone to the Council Meeting. He recognized several City Council candidates: Councilman Langan, Councilman Busch, Councilwoman Earl who were incumbents hoping to maintain their seat on the Council and also Ray McLaughlin and Shannon Ozuna, who were candidates for the City Council. AUDIENCE PARTICIPATION. The Mayor asked if there was anyone in the audience who cared to address the City Council at this time with regard to any item that was not on the prepared Agenda. Since there was no one, the Mayor declared that the meeting would continue as outlined. CONSENT CALENDAR. The Mayor presented the following items on the Consent Calendar for consideration by the City Council: 1. Dispense with the reading of the minutes of the Special City Council Meeting of October 1, 1997, and the Regular City Council Meeting of September 15, 1997, and approve as written; 2. Accept the minutes of the following Boards and Commissions: The Caldwell Golf Board Meetings of August 20, 1997, and September 17, 1997; and the Planning and Zoning Commission Meeting of July 24, 1997. 3. Approve acceptance of a right of way deed from the Church of Jesus Christ of Latter -Day Saints located on the east side of South Indiana Avenue and north of Spruce Street. South Indiana Avenue is a collector street and this deed now gives the City the required minimum of 33 feet from centerline for the length of this property; Page 275 Book 38 Wage 276 4. Approve acceptance of a deed from Evaine and Barbara Fehrer regarding property located at 2009 East Linden Street and approval of Right of Way Contract setting forth terms and conditions for granting this right of way to the City; 5. Approve a Resolution to accept dedication of sewer lines to the City by Caldwell School District; 6. Approve acceptance of an easement from Indiana Manor Limited Partnership for the purpose of relocating an irrigation line; 7. Approve acceptance of deed of right of way from the Chrz family estate to provide right of way for a future road south from Franklin; S. Approve acceptance of easement for right of way from Lynn and Renae Hardy; 9. Approve Letter of Agreement with Balukoff, Lindstrom and Co. for the City's audit for the coming year; 10. Approve Resolutions authorizing execution of a cancellation of an Airport Lease Agreement held by John Piekarski and a new .Airport Lease Agreement with James Mizer; 11. Approve Deferral Agreement with Steve Burch to defer construction of sidewalk for property frontage along Ohio Avenue south of Maple. MOVED by Houchins, SECONDED by Langan to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (PUBLIC HEARING PERTAINING TO A CHANGE IN THE LICENSE FEE FOR DOOR TO :BOOR SALESMEN) Mayor Winder stated that a Public Hearing was scheduled tonight pertaining to the change in a license fee for door to door salespeople. This issue was raised some time ago by Councilman Houchins. The proposal would basically amend the Ordinance to provide for a license fee of $ 100.00 per person per day to sell door to door. The Mayor noted that there was no one signed up to speak either for or against this amendment. He then inquired as to whether there was anyone in the audience who would care to speak to this matter. Since there was no one, the Public Hearing was opened by the Mayor for discussion by the City Council. Councilman Evans commented that there were a lot of exceptions cited in this Ordinance such as Scouts selling cookies. It really pertains to out of town people who were trying to sell from door to door. This Bill was to be more stringent than the Code as it now stands. It will reduce the nuisance factor and he believed it was a good change. Councilman Houchins stated that he felt it was up to the City Council to give some protection to the business people established in the Community who pay taxes and generate payrolls. The out of town people come into town, sell merchandise and then leave. In this Ordinance, they will be required to show proof that they have a resale tax number. There were quite a list of exceptions. Councilman Langan and Councilwoman Earl both commented that they tend to prey on the elderly. After a brief discussion, the Mayor asked for a motion to close the Public Hearing. Book 38 MOVED by Houchins, SECONDED by Langan to close the Public Hearing. Roil call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Winder closed the Public Hearing and read Bill No. 32 by title only as follows: AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 5 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL BY REPEALING ARTICLE 5 PERTAINING TO DOOR -TO -DOOR SALESMEN: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Evans, SECONDED by Houchins to waive the rule requiring that a Bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Houchins that Bill No. 32 be passed and entitled Ordinance No. 2206 after the one reading by title only. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DISCUSSION PERTAINING TO THE SUGGESTED BAN ON SALE OF SPRAY PAINTS TO ANYONE UNDER THE AGE OF EIGHTEEN) Mayor Winder stated that this item was on the Agenda to give the City Council an opportunity to have a brief discussion on the suggested ban of the sale of spray paints to anyone under the age of eighteen in the Community. A gentlemen did approach the Council at a previous meeting informing them that this had worked effectively in other Communities. The Council Member's discussion included inquiring as to whether there had been any input from the Police Department or the individuals who have been working to remove graffiti; whether it could be enforced or was it impractical; and what have the other towns in the area done about this problem. Councilman Evans commented that if there was no restrictions in the surrounding communities, they would simply go there to buy the paint. After the discussion, the Mayor suggested that they do some research and see what the other towns were doing and also receive some input from the Police Department and those attempting to keep up with removing the graffiti. NEW BUSINESS (RESOLUTION AUTHORIZING JUDGES AND CLERKS FOR THE GENERAL CITY ELECTION ON NOVEMBER 4, 1997) Page 277 The Mayor explained that pursuant to Idaho State Code, 50 -409, the City Council shall designate the Judges and Clerks to serve during the November 4, 1997, Book 38 election at a Regular City Council Meeting in the month of October. A Resolution has been prepared and was read by title as follows: RESOLUTION APPOINTING JUDGES AND CLERKS FOR THE GENERAL CITY ELECTION OF THE CITY OF CALDWELL, IDAHO, TO BE HELD ON NOVEMBER 4, 1997. MOVED by Langan, SECONDED by Earl that the Resolution be passed authorizing the appointment of the Judges and Clerks for the General City Election. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION OF INTENT FOR LARCH/MADISON PAVING - :LOCAL IMPROVEMENT DISTRICT 97 -5) The Mayor informed Council that this item was a Resolution of Intent for the Larch/Madison paving under Local Improvement District 97 -5. The intent tonight was to have the Council approve the Resolution which basically establishes street and drainage improvements in the portion of Larch Street between South Montana Avenue and Colorado Avenue and the portion of Madison Street between Boise Avenue and Centennial Way. The title of the Resolution was presented by the Mayor as follows: RESOLUTION OF INTENTION TO CONSTRUCT STREET AND DRAINAGE IMPROVEMENTS IN THE PORTION OF LARCH STREET BETWEEN SOUTH MONTANA AVENUE AND COLORADO AVENUE AND THE PORTION OF MADISON STREET BETWEEN BOISE AVENUE AND CENTENNIAL WAY, TO FORM A LOCAL IMPROVEMENT DISTINCT TO CONSTRUCT SAID IMPROVEMENTS, TO NAME SAID DISTRICT L.I.D. 97 -5, AND TO COMPLY IN ALL RESPECTS WITH SECTIONS 50 -1706 AND 50 -1707 OF THE IDAHO CODE. Mayor Winder stated that the appropriate action from the Council at this time would be to pass the Resolution of Intent and to set a Public Hearing for the Regular City Council Meeting on October 20, 1997. MOVED by Houchins, SECONDED by Earl that the Resolution of Intention be passed and a Public Hearing on this L.I.D. be scheduled for October 20, 1997, during the Regular City Council Meeting. Roll call vote. Those voting, yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ACCEPTANCE OF SEWER BID FOR L.I.D. 97 -I) The City Engineer, Mr. Law, explained that this particular bid was received a week ago. In the intervening time, the apparent low bidder was not a firm they were familiar with so they attempted to check on references on similar work. At the time the memo was sent to Council, they had not completed that review. Since that time, they have and it would be their recommendation from the Engineering Department not to accept the bid submitted by the apparent low bidder. However, they would like to give the contractor an opportunity w protest if he was here. A letter was also received that afternoon from an attorney Page 278 Book 38 protesting our action. Council should have received copies of that letter from the City Clerk. He noted at this time that there was no one present from JAG Contracting, Inc. Mr. Law informed Council that he would review the four points mentioned in this letter if they so desired. Councilman Wells asked the City Engineer if his opinion had changed based on the information contained in the Attorney's letter. Mr. Law answered that they do not have a change at this time. Their primary concern was that when he provided references, they could not confirm that he worked in similar conditions that were called for on this particular project. This was primarily water and closeness to the Wilson Drain and a two story apartment complex. He was asked several times to please provide some listing of experience which would show that he could handle the water. Even in the Attorney's letter, there was no indication that he had experience in working in water. The four points in the letter including that he had a public works license which does not mean he has had the necessary experience, that he will provide contract bonding which works if you have a failure and we were interested in not having a failure, the contractor has years of experience in this type of work but we were unable to find a single reference to show that he had, and the last point was that he would have a foreman on this job who has experience in this type of work. The difficulty with this last point was that we did not have the contract with him and he would be under no obligation to remain working there. With these four points, he could not see a change in the recommendation submitted by the Engineering Department. It was the Engineering Department's recommendation that the bid be awarded to Bodiford Construction who was the second low bidder. After a short discussion, it was MOVED by Wells, SECONDED by Evans that the sewer bid for L.I.D. 97 -1 be awarded to the second low bidder, Bodiford Construction. Roll call vote. Those voting yes: Wells, Houchins, Evans, Earl, Busch, and Langan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON ANNEXATION OF PARCEL ZONED R -1 SOUTH OF SPRUCE AND WEST OF SOUTH TENTH) Page 279 Mayor Winder informed Council that the next item on the Agenda was a Public Hearing on the annexation of a parcel zoned R -1 south of Spruce and West of South Tenth. He noted that no one was signed up to speak to this matter either for or against. He then opened the Public Hearing and requested that the Community Development Director present her staff report. Mrs. James was sworn in by the Clerk and stated that her business address was 621 Cleveland Blvd., in Caldwell. She entered in an Exhibit labeled by her Department as PZ1000 which was a copy of the Assessor's map showing the site. The surrounding zoning was R -1 City and R -1 County. The applicants were requesting approval to develop sixteen residential and two common area lots on approximately 4.6 acres located in the County R -1 zone and approval to annex the site into the City as an R -1 zone. This came before the Planning and Zoning Commission on August 14 "', 1997. At that hearing, the Commission voted to approve the annexation and recommend the same to City Council. Planning and Zoning Commission members do have the authority to approve or deny a preliminary plat which they did approve. The application report was very straight forward and was a non controversial issue. MOVED by Evans, SECONDED by Earl to close the Public Hearing. Book 38 Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor repeated the request and asked for the Findings of Fact from the City Council. Councilwoman Earl presented the following Facts: The applicable standards for findings were the Caldwell Subdivision Ordinance No. 1758; City of Caldwell Zoning Ordinance No. 1451; City of Caldwell Comprehensive Plan; Canyon County /Caldwell Area of City Impact Agreement; and Idaho Code, Title 50, Municipal Corporations, Chapter 2, Section 50 -222. This property was contiguous to the City of Caldwell and was eligible for annexation; We have met the criteria established in Idaho Code Title 50, Municipal Corporations, Chapter 2, Section 50 -222. Councilman Evans added: • The Public Hearing was property noticed with the general public so they could take action tonight on this issue. The Mayor read Bill No. 33 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS OR ADJACENT TO TIIE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO TIIE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND TIIE STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SEC'T'ION 63- 2219. Councilwoman Earl stated in No. V of the Staff Report, Commission's Comprehensive Plan Analysis, pertains to this matter. This includes Agricultural Land Use - Policies A,B, and C; Residential Categories, Utilities, Urban Storm Runoff, Transportation, Housing, and Community Design. In addition, Mrs. Earl presented Conclusions of Law as follows: • Based upon the Findings of Fact, Comprehensive Plan Analysis, proper legal notification having been met, and compliance with City ordinances, the proposed amloxation and development of this site as a subdivision will not adversely impact the public health and welfare. Page 280 MOVED by Earl, SECONDED Evans that the Findings of Fact, Conclusions of Law be approved and accepted. Book 38 Page 281 Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to waive the rule requiring that a bill be read at three separate times and read in full for the one reading. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. Ino elOri"P, R RIaC MOVED by Earl, SECONDED by Houchins that Bill No. 33 be passed and entitled Ordinance No. 2217. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans that the previously stated Comprehensive Plan Analysis be approved as a part of the Findings and Conclusions. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON ANNEXATION OF FIVE ACRES ZONED C -3 LOCATED ADJACENT TO CALDWELL BOULEVARD ON LASTER LANE) Mayor Winder informed Council that the next item was a Public Hearing on annexation of five acres zoned C -3 located adjacent to Caldwell Boulevard on Laster Lane. He asked if there was anyone else in the audience who cared to testify to this issue that failed to sign the proper sheet. The Mayor did note that there was one person signed to speak in favor of the annexation. The Mayor reviewed the process of a Public Hearing and stated that the applicant was called Windstone Estates, LLC, P.O. Box 6059, Portland, Oregon. The owners of the property were John, Dan, and David Weitz. The applicable section of Idaho Code was Title 50, Municipal Corporations, Chapter 2, Section 50 -222; The City of Caldwell 1977 Comprehensive Plan as amended, and the City of Caldwell Zoning Ordinance No. 1451, Chapter 2, Section 50 -222. After the Staff Report, the one person requesting to speak in favor will be recognized. The Public Hearing was then opened by the Mayor and he asked the City Clerk to swear Mr. Rincover in as he was signed to testify. The Mayor then asked for the Staff Report. Mrs. James reported that the annexation request was brought before the Planning and Zoning Commission on August 28, 1997. At that time there was not a quorum present and the hearing was continued until September 11, 1997. The parcel was approximately five acres currently zoned C -3 County. The request was to bring into the City as a C -3 Commercial Zone. She then entered into the record an exhibit PZ1000 which was a map of the area under discussion. It was a five acre site adjacent to the Caldwell Boulevard and the applicant has received an approach permit from Idaho Transportation Department to access this site. Mrs. Book 38 Page 282 James further stated that they notified all of the political subdivisions providing services to the City of Caldwell and did not receive a response. Larry Rincover, 1021 Harrison, was recognized by the Mayor and presented his comments in favor of the annexation. His comments included the fact that the parcel was contiguous to other commercial properties along the Boulevard and their primary concern was access to the development. Mayor Winder noted that there were two exhibits to be included with the record. They were the Map, Exhibit PZ1000 and the Staff Report. MOVED by Houchins, SECONDED by Evans to accept the exhibits into the record. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Winder read the Bill by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND TIIAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 (SERVICE COMMERCIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. Councilwoman Earl presented the following Findings of Fact: • The property was contiguous to the City of Caldwell and eligible for annexation; • Proper notification was given to all parties iiivolved; • The applicable legal standards included: City of Caldwell 1977 Comprehensive Plan as amended, the City of Caldwell Zoning Ordinance No. 1451 as amended, and Idaho Code, Title 50, Municipal Corporations, Chapter 2, Section 50 -22; • In the past two years, the City has worked diligently along this Boulevard annexing properties, preparing for the growth of the City in this direction, participated with the Idaho Department of Transportation obtaining right of Book 38 way for the upgrading of the Boulevard with the anticipation with the upgrade that we would see more development taking place. Councilman Evans added: • The project site was within the Impact Area and that the County was notified on August 12, 1996, and again on September 18, 1997, regarding the intention to change the zoning designation and request annexation. Councilwoman Earl presented Conclusions of Law; • Based upon the Findings of Fact, the Comprehensive Plan Analysis, and on the recommendation of the Planning and Zoning Commission, all of the proper notifications have been met and were in compliance with City Ordinances and that it was proper to annex this piece of property into the City of Caldwell. MOVED by Earl, SECONDED by Evans to approve the Findings of Fact and Conclusions of Law as presented. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houcbins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to waive the rule requiring that a bill be read at three separate times and read in full for the one reading. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MO"T"ION CARRIED MOVED by Earl, SECONDED by Langan that Bill No. 34 be passed and entitled Ordinance No. 2218. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilwoman Earl stated that for Findings of Fact and Conclusions of Law regarding the Comprehensive Plan designation: • The annexation of this site would provide additional service commercial zoning within the City of Caldwell; • The Public Hearing before the Planning and Zoning Commission was properly noticed; • The recommendation from the Commission was to annex this property and to confirm the Comprehensive Plan Analysis; • The Hearing before the Council was properly noticed and the legal requirements were met. MOVED by Earl, SECONDED by Evans to accept the Findings and Conclusions as presented. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. Page 283 Book 38 (PUBLIC HEARING ON ANNEXATION AND APPEAL OF 25 ACRES ZONED R -2 LOCATED ADJACENT TO CALDWELL BOULEVARD KNOWN AS WINDSTONE MOBILE HOME PARK) The Mayor explained that this Public Hearing was with regard to the am lexation of 25 acres located adjacent to Caldwell Boulevard and also an appeal to the decision of the Planning and Zoning Commission to deny request for a Special Use Permit. This parcel was known as the Windstone Mobile Hoene Park The Mayor reviewed the format for Public Hearings, asked if there were any documents to be entered into the record, and noted that there were people signed to speak both for and against this matter. He noted that there were actually two issues which were the annexation of the property and the appeal. They would be done concurrently. The request was to construct and develop a 170 lot mobile home park on this property. Windstone Estates was the applicant and those desiring to testify must sign up on the appropriate sign up sheet. The applicable sections of the Caldwell and Idaho Code were Idaho Code, Chapter 65 which was the Local Planning Act, the City of Caldwell Comprehensive Plan and the Zoning Ordinance. The Mayor then opened the Public Hearing and informed Council that there was a total of about ten people signed to speak although there was some duplication. Mr. Rincover was the spokesperson for the applicant. In the past, the Council has allowed the spokesperson fifteen minutes to present their remarks and five minutes for the others signed up. The Council Members determined that they would agree to the fifteen minutes for the spokesperson and five minutes for the others. Linda James, the Community Development Director, presented the Staff Report stating that the applicant requested a Special Use Permit for the 25 acre site. It went before the Planning and Zoning Commission on August 28 "' along with the annexation as an R -2 Zone. It was currently zoned R -2 in the County and was surrounded by Commercial and R -2 Zoning. Since there was not a quorum present, the Hearing was continued to September 11, 1997. Included in Council's packet was an Order of Decision by Planning and Zoning Commission. in which they denied the Special Use Permit and the reasons for doing so were included in their packet under Section VII. In Section VIII, the actions the applicant could take were outlined. At the same time, the Planning and Zoning Commission heard the annexation request and recommended that the City Council approve the annexation of the 25 acre site as an R -2 Zone. Also, in the packet was the application report and a recommendation from the Commission members on the annexation. In addition, there was an application report on the appeal request. All of the public subdivisions providing services to the City of Caldwell were notified and many responded offering their approval or conditions that could be met for approval. Larry Rincover, 1021 Harrison Boulevard in Boise, was recognized and began his comments at 8:40 p.m.. Mr. Rineover explained that he was present representing the applicants. He stated that he believed they had met all of the written City standards presented to them and those of the Planning and Zoning. He explained the project at some length and answered a number of questions presented by the Members of the City Council. He used Exhibits 1001, 1002, 1003, 1004, and 1005 during the course of his presentation and also requested that three letters of support from businesses be included as exhibits (Exhibit A). Mr. Rincover's comments extended longer than the fifteen minutes due to the questions presented by the Council. The tape of this meeting will be available in the Office of the City Clerk for six months to be reviewed by anyone desiring to do so. Page 284 Before continuing with the testimony, the Mayor asked the City Clerk to swear in. all of those requesting to testify. Book 38 Page 285 At the conclusion of Mr. Rincover's testimony, the Mayor requested a brief recess at 9:05 p.m. The meeting was then reconvened at 9:15 p.m. and the Mayor stated that they would continue with the remarks in favor of this proposal. Each person would be allowed five minutes to present their comments. Eric Webb, 2589 East Tiger Lily Drive, Boise. Mr. Webb informed the Council that he was one of the partners in the project and they were anxious to do it right. After hearing the others testify, he would be happy to answer any questions. Others speaking in support included Reese Leavit 11 -13 "' Avenue South in Nampa, who was the Project Engineer; Lance Fish, 4232 Adams Street in Boise, who was doing the construction on this project. The Mayor informed Council that this concluded testimony for those speaking in favor. Those testifying in opposition to the project included the following: Darcy Maag, 3611 South Florida Avenue; Shielda Talich, 4909 War Eagle Road; Roxiena Fish, 4511 Piute Place, who presented a petition with 55 signatures protesting the project and a letter from Linda Doshas; and Scott Heck, 2350 Old Highway 30, who was signed to speak but was no longer in attendance. Since this concluded the testimony of those signed to speak in opposition, the Mayor again recognized Mr. Rincover so he would have an opportunity to present his rebuttal. He briefly discussed the fact that he understood why the neighbors had concerns regarding the project; that the development would be of high quality; answered several questions with regard to traffic and informed them that the development would have sidewalks; War Eagle Road at the very most was a secondary access currently and will eventually be a third choice with the main choice off the Boulevard; there was no problem with the sewer system for the project; and irrigation would not be a problem. At the conclusion of his remarks, Mr. Rincover informed Council that time was of the essence. After the testimony, the City Council Members discussed several concerns with the Staff including the placing of density within the Impact Area, logical and appropriate to cluster housing closer to the areas where there were services, use of agricultural land for development and the need to save some of the things that have made this Valley and State so great, Council cannot legally in an arbitrary manner refuse to allow people to develop their property unless there were legal reasons, exclusionary zoning which was an issue that needs to be taken seriously, street width of 34 feet does meet requirements, and the development of Laster Lane. MOVED by Evans, SECONDED by Earl to accept the evidence which included the maps, 1001 through 1005, the three letters from businesses, petition in protest signed by 57 people, letter from Linda Doshus, and the testimony presented. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor closed the Public Hearing and requested Findings of Fact and Conclusions of Law considering both the annexation and the Special Use Permit. Book 38 Councilwoman Earl presented the following Findings of Fact: • The proposed project, both the annexation and the Special Use Pen meet the spirit and intent of the Comprehensive Plan; • With regard to the Comprehensive Plan Analysis, she would go to the Comprehensive Plan Analysis, IV listed as 4.1, 4.2, 4.3, 4.4 with the exception of Policy 2; 4.5, and 4.6 in the Order of Decision; • The Special Use Permit, the request for a mobile home park, meets the minimum requirement of the Ordinance and was stated in Article 10- 05 -02, Purpose and Intent. This Article establishes minimum standards and requirements for the occupation of mobile hornes and for the construction and operation of mobile home parks especially as they relate to adjacent land uses and to the development of the whole community in order to protect and secure the public health, safety and general welfare of the City; • War Eagle Road was a public right of way and was accessible to anyone in the Community who chooses to use it; • Density meets the requirements of the proposed zone which was R -2 and also meets the requirements of a mobile home park; • Placing the density in this area helps to preserve the prime agricultural land of the main body of the County itself, • No factual evidence was presented to substantiate the surrounding property values would be adversely impacted; • We, as a City, do not discriminate against housing types or individuals thereof; • This was properly noticed and brought before this body and meets the requirements of the Idaho Code, the Comprehensive Plan, and of the Zoning Ordinance. Councilman Langan added that: • Thirty -five foot roads do meet the minimal requirement of the Ordinance so it was within legal bounds for the development. Councilman Evans presented Conclusions of Law as follows: • The Hearing for tonight was properly noticed; • A Staff Report was received with evidence presented; • The Council was authorized by State Code to act on matters such as tliis. Councilwoman Earl added a Conclusion: • The Planning and Zoning Commission did recommend to the City Council that this property be annexed as R -2; • The Conclusions were based upon the Findings that were made. MOVED by Earl, SECONDED by Evans to accept the Findings of Fact and Conclusions of Law as presented. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor read Bill No. 35 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -2 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT; Page 286 Book 38 Page 287 AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. The Mayor informed Council that they could consider this to be the first reading or in order to give the developers time to proceed or they could waive the rules and pass on the first reading. Councilwoman Earl suggested that two different motions be made. MOVED by Earl, SECONDED by Evans that Council approve the Special Use Permit for Windstone Estates Mobile Home Park. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Evans that the Council require the Standard Conditions of Approval included in the staff report under Section VIII, 8.1, 8.2, 8.3, 8.4, and 8.5. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Earl to waive the rule requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. Iul`l�11►[���.71C MOVED by Evans, SECONDED by Langan that Bill No. 35 be passed and entitled Ordinance No. 2219 after the one reading by title only. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Winder noted that the Comprehensive Plan would remain the same. (PUBLIC HEARING ON VACATION OF AN EASEMENT AT 2105 AIRPORT AVENUE) Mayor Winder stated that this matter was with regard to a request for a vacation of an easement at 2105 Airport Avenue. The applicants were Virginia and Joe Young, Jr., 1925 Gray Lynn Drive in Walla Walla, Washington. The only person signed to speak to this vacation was Mr. Young. Book 38 Page 288 Again, the Mayor explained the procedure for a public hearing, opened the Public Hearing, and asked that Mr. Young be sworn in before testifying. He then requested that Mrs. James present the Staff Report. The Director pointed out in the application request, under 2.2 Request, it indicates that a home was built over this easement prior to the City ever adopting building codes, subdivision ordinances and any regulations. In the Staff Report, 2.7, it indicates that the following utility providers were notified of the Hearing: Idaho Power, Intermountain Gas, U.S. West Communications, TCI Cablevision, and Pioneer Irrigation District. Idaho Code, 50 -1306A (5) requires these agencies, if affected, to agree in writing to the vacation. Letters were received from them which she included as a part of the record. Idaho Power indicated that it was necessary for the Idaho Power Company to maintain its overhead facilities. Therefore, they were unable to vacate the premise and do have a power pole sitting on the easement. Mrs. James further said she spoke to Idaho Power regarding the easement request and indicated that it was possible that the entire easement would not have to be vacated and the portion of the easement on which the power pole and line was located would remain as dedicated easement. They indicated that this proposal sounded feasible and Idaho Power was willing to work with the City in any possible way to assist the property owner in obtaining a clear title. The Engineering Department agreed that they could write a vacation description that would continue to leave an easement for this power pole located on the easement site. Pioneer Title also indicated that they had no objection to this. Joe Young, 1925 Gray Lyme Drive, Walla Walla, Washington, was recognized by the Mayor. Mr. Young commended the Engineering Department and the Community Development Department for working long distance over the phone and by fax to solve this problem. He further explained the situation and how they were attempting to sell the property. There was no way the title company would give insurance to the buyer until the problem of vacating the easement was solved. Again, the Mayor explained the reason for the Hearing and requested a motion from the City Council to accept the Staff Report and the testimony from Mr. Young. MOVED by Evans, SECONDED by Houchins to accept the evidence as requested by the Mayor. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED This matter was discussed briefly with the City Engineer. Mayor Winder then asked for Findings of Fact and Conclusions of Law. Councilwoman Earl presented the following Findings of Fact and Conclusions of Law: I . This was a properly noticed meeting; 2. The City Council does have jurisdiction over the vacation of this plat; 3. Idaho Code 50 -1306A (5) was met; 4. Intermountain Gas, Pioneer Irrigation, U.S. West, TCI Cable have no objections to the faction; 5. Idaho Power has indicated that they do have concerns and ask that the power pole not be vacated, that this vacation will have to be done in conjunction with Idaho Power and meet their requirements; 6. This was a unique situation that we do not normally come in to; Book 38 Page 289 7. It was not the fault of any particular person; just a circumstance that happened some time ago; 8. We are not vacating the air space along with this easement. Councilman Evans also mentioned: 1. This home was built before the Codes existed. In conclusion, Councilwoman stated that the Conclusions of Law would be based upon the Findings of Fact just presented. MOVED by Langan, SECONDED by Earl to accept the Findings of Fact and Conclusions of Law as presented. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Langan to close the Public Hearing. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Hearing was closed by Mayor Winder. MOVED by Houchins, SECONDED by Evans that direction be given to Engineering and the Community Development Staffs take the necessary steps to work with Pioneer Title and get an easement drawn up to protect Idaho Power rights and privileges to maintain their power pole and that all other easements be forfeited except the aerial easements that were required by TCI Cablevision. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 36 TO AMEND THE CITY CODE WITH REGARD TO MOBILE HOME PARK PARCEL SIZE) Mayor Winder informed the City Council that they previously considered this issue and went through the Public Hearing process. Everything was done with the exception of passing the Bill. The Community Development Staff has prepared the Bill for consideration at this time. The Mayor read Bill No. 36 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, ARTICLE 5, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO MOBILE HOME PARK DEVELOPMENT STANDARDS AND PROCEDURES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. Councilwoman Earl informed Council that during the original hearing on this matter, she did state her opposition to this Bill and would continue to do so. MOVED by Evans, SECONDED by Houchins to waive the rule requiring that a bill be read at three separate times and that it be read in full for one reading. Book 38 Page 290 Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Those voting no: Earl. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Houchins that Bill No. 36 be passed and entitled Ordinance No. 2220 after the one reading by title only. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Those voting no: Earl. Absent and not voting: none. MOTION CARRIED (REQUEST FROM CARCO TO CONSTRUCT LOADING SILO OVER A RAIL SPUR LOCATED AT INDUSTRIAL SITE ADDITION) Mayor Winder stated that this item was with regard to constructing a loading silo over a rail spur located at Industrial Site Addition. The Community Development Director was recognized by the Mayor suiting that the Planning and Zoning Commission did hear the request for a variance regarding the height on September 15, 1997. At that Hearing, they did approve the request for a 35 foot variance from the 45 foot height limitation in order to construct an SO foot storage silo and loading facility over the rail spur track located at the project site. One of the issues that came up before the Planning and Zoning Commission was a memo from the City Engineer indicating that the railroad spur was dedicated on the plat for Industrial Site Addition as recorded in June, 1946. This indicates that as such, the use of this public right of way by any party was within the exclusive purview of City Council and cannot be handled under the variance procedure. We did have to move forward with various steps on this request. The variance did have to be addressed and it was by the Planning and Zoning Commission. We were coming forward based on the City Engineer's information requesting that City Council approve the location of this silo over the rail spur. Union Pacific was aware of the project and has offered the applicant engineering design plans for how to construct the silo and how to place in this area to be conducive to loading into the hopper cars. A question also came up regarding the fact that this area was under a fifty year lease by Simplot. The Simplot Company does not have a problem with the applicant constructing this silo over the spur. Caldwell Chamber of Commerce also comes into play because they own the rail spur. A letter was received from the Chamber which she would request the Mayor read into the record. Mayor Winder read the letter as follows: I just finished a conversation, with Carl Register, President of CARGO Mineral Resources, Inc., on the Simplot leased, Chamber owned railroad spur. Simplot Inc. does have a fifty year lease on the railroad spur in question. They can terminate their contract or the lease with three month notice which would leave CARGO with the storage silo on unleased land. The Chamber and CARCO decided to negotiate a contingency agreement in the event that Simplot terminates their lease. This will protect both the Chamber and CARCO. If .you have any further questions, please feel free to give me a call. Mrs. James further commented that the reason they were here this evening was based upon information presented to the Planning and Zoning Cormmission under Order of Decision, Section VII, Subsection 7.1: Approval shall be contingent upon the Applicant receiving approval from the City Council to place the storage silo and loading facility in the right of way over the rail spur in Industrial Park Addition. Book 38 Page 291 This item was discussed at some length. After further comments from the City Engineer and Jeff Register, representing CARCO, it was MOVED by Houchins, SECONDED by Evans that the Staff, CARGO, and others go forward with this proj ect. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee has reviewed current accounts payable in the amount of $683,736.80 for the period ended October 3, 1997, and a net payroll of $223,113.32 for the pay periods ended September 13, 1997, and September 27, 1997. MOVED by Earl, SECONDED by Evans that accounts payable in the amount of $683,736.80 represented by check numbers 54322 through 54664 and payroll for the total amount of $223,113.32 represented by check numbers 59830 through 60074 and direct deposit stub numbers 6453 through 6630 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. 1040I18[ftla[efflO ict (CITY COUNCIL COMMENTS) Councilman Langan informed the Mayor and Council that he was concerned about the Community Services Board. He believed that they should probably contact Mr. Ward and discuss what they could do to get them back on track. Mr. Langan also reminded the Council that he also had concerns about waiving the rule and passing a bill on the first reading by title only. Councilman Busch commented that he thought the Airport Commission meetings were interesting. He also stated that the Airport was growing. Councilwoman Earl stated that she attended the Planning and Zoning Commission in September. This Commission has been under discussion by this group a number of times. At this meeting, she felt it was a fiasco, neither the public nor the City were served, and neither was the Commission. Comments from others in attendance were that it was totally inappropriate. Mrs. Earl further commented on the papers received from the Press Tribune addressed to the candidates running in the November 4 "' Election. She could not believe the intent they were making at intimidation of candidates running for office. The candidates have met the criteria established by State Code and what they were asking was not appropriate. She explained at some length the questions that were presented to them. She was refusing to answer any of their questions. Both Councilman Busch and Langan agreed with her comments. Councilman Evans stated that he was glad to see Old Jefferson coming down; was pleased that Collette would now be Recreation Superintendent; he suggested that a letter of thanks be written to Karri. (MAYOR'S COMMENTS) Book 38 Page 292 The Mayor made comments with regard to the changes at the Association of Idaho Cities Ida -Ore was moving forward; Robert was attending a meeting at the County tonight to honor Alma Pethtel; BDPA has some issues that need to be resolved; and the budget year appears to have a little more surplus than last year. (ADJOURNMENT) MOVED by Evans, SECONDED by Earl that since there was no further business, the meeting be adjourned at 11:30 p.m. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 20th DAY OF October ' 1997. I/ n Mayor g person n n Councilperson ^ ilperson Coin cilperson ATTEST: City Clerk