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HomeMy WebLinkAbout2002-12-02city council minutesREGULAR MEETING DECEMBER 2, 2002 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Don Berbelsen from the Oregon Trail Church of God. 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. There were no special presentations at this time. ADDITIONS OR DELETIONS TO THE AGENDA. MOVED by Ozuna, SECONDED by Hopper to continue Item No. 1 under Old Business until the next Regular Council Meeting; and to remove Item No. 3 under New Business which will be re- noticed at the appropriate time. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker 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. Mayor Nancolas asked if there was anyone in the audience who cared to address the City Council at this time. 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 to the City Council to be considered for approval: 1. Dispense with the reading of the minutes of the Regular Council Meeting of November 18, 2002 and approve as written; 2. Approve acceptance of the minutes of the Caldwell Industrial Airport Commission Meeting of November 19, 2002 and the Caldwell Golf Board Advisory Board Meeting of October 16, 2002; 3. Approve Orders of Decision on Case Nos. ZON -27 -02 (Hempel rezone); SUB- 51(4)F -00 (Southpark Sub. No. 2, Unit No. 4); SUB- 46(1)F -00 (Weston Pointe No. 1); and SUB- 55(4)F- 00 (Delaware Park Sub. No. 1, Unit No. 4); 4. Approve the following Resolution authorizing execution of an Amendment 6 between the City and Montgomery Watson Harza for Pre- Design of Wastewater Treatment Plant Headworks: BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Amendment No. 6 to an Agreement for Engineering Services, by and between said City and Montgomery Watson Harza, for the providing of engineering services relating to a pre - design of the Wastewater Treatment Plant Headworks, and which Amendment is attached hereto and made a part hereof as if set forth in full. 5. Approve the following Resolution authorizing execution of Consultant Services Agreement between the City of Caldwell and Toothman -Orton Engineering Co.: BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain Agreement entitled "Agreement for Professional Services ", with attachments, by and between said City and Toothman-Orton Engineering Co., which Agreement is for the preparation of City of Caldwell Standards Drawings and Specifications, and which Agreement is attached hereto and made a part hereof as if set forth in full. 6. Approve bid submitted by Northwest Equipment Sales for a new Low Boy equipment trailer for the Water Department; 7. Approve the following Resolution authorizing execution of Memorandum of Understanding with the Nampa Highway District: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CALDWELL AND NAMPA HIGHWAY DISTRICT, FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING CITY SEWER AND WATER LINES WITHIN THE HIGHWAY DISTRICT RIGHT -OF -WAY. BE IT RESOLVED that the City of Caldwell, Idaho approves a "Memorandum of Understanding" between the City of Caldwell and Nampa Highway District. Said Memorandum gives the City of Caldwell permission to install, operate, and maintain Municipal sewer and water main lines with the right -of -way of the Nampa Highway District. The Mayor of the City of Caldwell is hereby authorized to execute the Memorandum of Understanding and a copy of said Memorandum shall be forwarded by the City Clerk to the Engineering Department of said City of Caldwell. 8. Approve application for a taxicab license submitted by Kim and Young Mefford owners of AB taxi; 9. Approve the new Fire Department clothing allowance. MOVED by Blacker, SECONDED by Hopper to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONTINUATION OF PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NOS. ZON -25 -02 AND SUB- 78P -02 (VIRGINIA PARK SUBDIVISION 42), REQUESTS BY CRESTLINE DEVELOPMENT, LC, AND HEARTLAND DEVELOPMENT, LLC FOR THE FOLLOWING: A REZONE OF APPROXIMATELY 2.75 ACRES FROM C -2 (COMMUNITY COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) ZONING; AND PRELIMINARY PLAT APPROVAL OF VIRGINIA PARK SUB 42, CONSISTING OF 17 RESIDENTIAL AND 1 COMMON AREA LOT ON APPROXIMATELY 2.68 ACRES ON THE SITE) Mayor Nancolas explained that this item on the Agenda was continued at the previous City Council Meeting until December 2, 2002 at the applicant's request. The applicant also requested that it be continued at this time until the December 16, 2002 Regular Council Meeting. The Mayor then declared the Public Hearing open and that it be continued until the next Regular City Council Meeting to be held on December 16, 2002. MOVED by Hopper, SECONDED by Blacker to continue this Public Hearing until December 16, 2002 at 7:00 p.m. Regular Council Meeting to be held in these chambers. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 45 REGARDING HEMPEL REZONE WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE ONE READING BY TITLE ONLY AND TO APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas explained that this item was previously heard at the last City Council Meeting. This was the document confirming the action of the City Council at that meeting and was to be brought forward this evening and read by title only with the request to waive the three reading process and pass this Bill on its first reading and to approve the Summary for Publication. The Mayor read Bill No. 45 by title only as follows: AN ORDINANCE TO PROVIDE A C -1 (NEIGHBORHOOD COMMERCIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS C -1 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the rules requiring that a Bill be read at three separate times and read in full for one reading and pass after the one reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker that Bill No. 45 be passed and entitled Ordinance no. 2449 after the one reading by title only and to approve the Summary for Publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 75 -02, REQUEST BY THE CITY OF CALDWELL TO ANNEX APPROXIMATELY 19.93 ACRES (FARWELL) INTO THE CITY AS AN M -1 (LIGHT INDUSTRIAL) ZONE) Mayor Nancolas explained the procedure stating that under a quasi - judicial procedure, there were sign up sheets and anyone caring to testify would need to sign up. The Hearing would then be opened and all of those requesting to testify would be sworn in by the Clerk. The Staff would then make their report and testimony accepted from those in favor, those in opposition and those who had questions or discussion about the matter. The Public Testimony part of the Hearing would be closed and they would proceed with Comprehensive Plan Analysis, Findings of Fact, Conclusions of Law and an Order of Decision based on the testimony of Staff and those testifying. All those testifying or making a report were then sworn in and the Mayor would proceed by asking Mr. Hasson to present the Staff Report. Mr. Farwell indicated that he was present to answer any questions that might be presented so the Mayor asked that he be swom in as well. The Mayor then opened the Public Hearing and recognized Mr. Hasson. Steve Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged that he was swom in and presented the Staff Report. Mr. Hasson informed Council that this was a combination annexation and special use permit request. The application was from the City of Caldwell and was a re- annexation to bring approximately 20 acres of land located at the 5400 block on Cleveland Boulevard into the City of Caldwell as an M -1, Light Industrial Zone. The reason the property needed a Special Use Permit was that the nature of the business was primarily for auto salvage and wrecking yard. Salvage and wrecking yard was only allowed in the M -1 Zone through a Special Use Permit. Mr. Hasson explained that this land was annexed into the City back in 1996. There was a request to de -annex the property and this was approved with an agreement for voluntary petition to annex back to the City of Caldwell in five years. Last October the five years had transpired. The City relied upon the agreement and began the process to sponsor this re- annexation into the City. At that time, he did discuss this process with the Farwell, owners of the property and with their Attorney, Mr. Bailey. They were present at the meeting tonight. This re- annexation was according to the new rules adopted by the State Legislature and falls under a Class A Classification and was being presented to Council in that regard. It was a straight forward annexation request, but he would answer any questions Council might have. Mr. Hasson further stated that the Farwells have a grandfathering right to the salvage and wrecking business. In addition, he stated that the Planning and Zoning Commission approved the Special Use Permit request from the Farwells. The Council asked several questions and there was a brief discussion with regard to other re- annexations. The Mayor asked Mr. Ransom Bailey if he cared to comment at this time. Mr. Bailey, 1506 North Fifth Street in Boise, Idaho, indicated that Mr. Hasson was very helpful and he was available if Council had any questions of him. MOVED by Ozuna, SECONDED by Wells 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 COMPREHENSIVE PLAN ANALYSIS: MOVED by Hopper, SECONDED by Wells to accept the Comprehensive Plan Analysis as outlined in the Staff Report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: Councilman Wells stated that Council accept the general facts outlined in the Staff Report; public testimony that was heard tonight. The Mayor added that there was no one present to testify in opposition to the annexation and the property was contiguous to the City. Councilman Wells added to include the conditions of the Special Use Permit and to recognize the grandfathering status of the property. Councilman Hopper added that although the application was sponsored by the City, the affected land owner was in support of this request as well as in compliance with the voluntary agreement that was signed when the property was de- annexed. MOVED by Hopper, SECONDED by Blacker to accept the Facts as presented by the Members of the City Council. 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 Wells 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 EVIDENCE LIST: The Mayor presented the following as the Evidence List to be approved: The Staff Report, the Sign Up Sheets; and the City zoning map. MOVED by Hopper, SECONDED by Blacker to accept 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. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ANN- 75 -02, a request by the City of Caldwell to re -annex approximately 19.93 acres (Farwell property) more commonly known as 5411 Cleveland Blvd. into the City as M -1 (Light Industrial) zone was approved. 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 Blacker to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIE (CONSIDER RESOLUTION TO APPROVE AN APPLICATION FOR ASSESSMENT FUND THROUGH THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR PROPERTY ASSESSMENT) Mayor Nancolas informed Council that the next item to consider was a Resolution to approve an application for assessment fund through the Department of Environmental Quality for property assessment. The Mayor read the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN APPLICATION FOR ASSESSMENT FUNDS THROUGH THE DEPARTMENT OF ENVIRONMENTAL QUALITY. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are authorized to execute an application for assessment funds as attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and the Department of Environmental Quality for property assessment. MOVED by Wells, SECONDED by Hopper to approve the Resolution as presented. Roll call vote. 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