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HomeMy WebLinkAbout1997-12-15city council minutesBook 38 Page 334 REGULAR MEETING DECEMBER 15,1997 7:30 P.M. The Meeting was called to order by Mayor Winder. The Invocation was offered by Charles Wigton, Chaplain at West Valley Medical Center. The Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag which would be led by Leo Holmes. 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. Mayor Winder asked if there were any additions or deletions to the prepared Agenda. Since there were none, the Mayor asked for a motion to accept the Agenda as prepared. MOVED by Houchins, SECONDED by Earl that the Agenda be accepted as presented. 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. The Mayor recognized several special visitors including Shannon Ozuna, who was a Councilwoman Elect, and would be installed at the next Regular City Council Meeting on January 5, 1998. Also recognized were four students from Mrs. Jackson's Caldwell High School Govermnent Class. In addition two gentlemen from the BMX Association were in attendance. AUDIENCE PARTICIPATION Mayor Winder asked if there was anyone from the audience who cared to address the City Council at this time with regard to any matter that was not included on the prepared Agenda. Boyd Cooper, 2123 Ray Avenue, Chairman of the Caldwell Golf Board, was recognized by the Mayor. Mr. Cooper stated that tae wanted to take this opportunity to address the Mayor and City Council on some golf course business. He felt it was important that they be aware of what was happening. first of all, he reported on how well the golf courses have done over the last year. The main subject he addressed was the possibility of an addition to Purple Sage Golf Course and the need to use some Golf Contingency Funds to have a golf aichit:ect hired to get a preliminary routing plan made for the whole eighteen holes. This would show where the fairways would be and how they will connect into Mr. Bushnell's property. Mr. Cooper further commented that he did not expect an answer with regard to the Contingency Fund money, but simply wanted them to be aware of that possibility. In closing, he thanked the Mayor for being a golf friendly Mayor. Clifford Johns, President of the Caldwell BMX Raceway, was recognized by the Mayor. He informed Council that Idaho was on the schedule for a national event in 1998. It would be called the Summer Nationals and will be held August 7` through the 9 "'. The latest rumor was that it would either be held in Boise or Caldwell. Basically, they were here to let the Mayor and Council know about this event and were hoping that they could discuss further parking at the location. Book 38 Page 335 In addition, in speaking to the sanctioning body, a letter from the City basically stating that they would welcome this kind of event being held here. Mayor Winder stated that he would be happy to write a letter suggesting that the event be held here. The parking area has been discussed and the street that would be extended through there. The Mayor suggested that he make an appointment to come into City Hall and discuss this matter further. CONSENT CALENDAR The following items on the Consent Calendar were presented to the City Council by the Mayor for their consideration: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of December 1, 1997, and approve as written; 2. Accept the following minutes from various boards and commissions: The Senior Citizen's Center Commission meeting of December 10, 1997; the Caldwell Public Library Board Meeting of November 13, 1997; and the Caldwell Industrial Airport Commission Meeting of December 4, 1997; 3. Approve a Resolution authorizing the Mayor and Clerk to execute an Airport Tenant Agreement between the City of Caldwell and West Bag and Supply Sales, Inc.; 4. Approve the appointment of Larry Thompson as Commissioner of the Housing Authority to replace David L. Cornwell who was now deceased; 5. Approve a Resolution authorizing participation in a Traffic Safety Advisory Committee for Canyon and Owyhee Counties and setting forth the purpose and authority of the Committee and procedures governing the Committee and providing an effective date; 6. Approve the reappointment of Patricia Papapietro to the Caldwell Library Board of Trustees of the Caldwell Public Library; 7. Approve the issuance of a Taxicab License for A -1 Stop and Go Taxicab Company. MOVED by Houchins, SECONDED by Evans to approve the Consent Calendar as presented by Mayor Winder. 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 (REQUEST FOR ELECTRICAL AND LEASE RATES FOR THE CALDWELL INDUSTRIAL AIRPORT) Mayor Winder explained that this matter was discussed at the last City Council Meeting and the fee for lease rates was approved. However, the electrical fee was referred back to the Airport Commission for clarification as to whether they wanted an annual fee or square footage. A memo was submitted to the Council from the Airport Manager which read as follows: For the past 21 years, the Airport has furnished minimal power to private hangars. This was originally intended as an incentive for those moving their hangars from the old airport to the new one. Somehow, over the years, this was extended to all private hangar owners. Consequently, all tenants that built private hangars during the past 21 years have been enjoying free electricity. Now that the Airport has grown to over 100 private hangars, the free electricity has become an expense burden. The Commission is recommending a power fee Book 38 Page 336 of approximately $36.00 per hangar be added on to the annual lease payment of each hangar. This equates to .025 cents (annually) per sq. ft. It is also recommended that the Council confirm annual lease rates for private and commercial tenants at 4 cents per sq. ft. for uncovered land and 10 cents per sq. ft. for covered land. This rate has been in use since the Airport opened and according to recent surveys, is still fair and equitable for southern Idaho. It should be noted that the Commission might recommend increases from time to time. The price of .025 cents per sq. ft. (annually) was inadvertently omitted from the November 12, 1997, request. MOVED by Houchins, SECONDED by Evans to approve the electrical rate of .025 cents per square foot. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (THIRD READING OF BILL NO. 40 TO ANNEX SYRINGA SUBDIVISION) The Mayor stated that Bill No. 40 was read for the first time on November 17, 1997, and the second reading was on December 1, 1997. The Bill was then read for the third reading 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 SAND LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAIIO, 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 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. MOVED by Earl, SECONDED by Houchins that Bill No. 40 be passed and entitled Ordinance No. 2214. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED THIRD READING OF BILL NO. 41 TO AMEND THE CITY CODE PERTAINING TO SUBDIVISIONS) Mayor Winder explained that Bill No. 41 was read for the first time on November 17, 1997, and the second reading was on December 1, 1997. He then read Bill No. 41 by title only as follows for the third reading: AN ORDINANCE TO AMEND CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING ARTICLE 2, PLATTING PROCEDURE S/REQUIREMENTS; ARTICLE 4, STREET AND UTILITY IMPROVEMENT REQUIREMENTS; Book 38 Page 337 ARTICLE 5, VARIANCES, APPEALS AND ENFORCEMENT: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Langan, SECONDED by Earl that Bill No. 41 be passed and entitled Ordinance No. 2215. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SECOND READING OF BILL NO. 43 TO CREATE LOCAL IMPROVEMENT DISTRICT 97 -6) Bill No. 43 was read for the first time on December 1, 1997, and it was the Mayor's suggestion that the City Council waive the ruling requiring the reading of a Bill at three separate times and pass the Bill at this time. Mayor Winder presented Bill No. 43 by title only for the second reading as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 97 -6 FOR CALDWELL, IDAHO, FOR CITY SEWER AND WATER CONNECTIONS WITHIN SAID CITY; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION. MOVED by Houchins, SECONDED by Langan to waive the rule requiring that a Bill be read at three separate times and that the Bill be read in full for the two readings. 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 that Bill No. 43 be passed and entitled Ordinance No. 2217 after the two readings by title only. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PRESENTATION OF DRAINAGE POLICY SCHEDULE) Mayor Winder explained that at the City Council Meeting of December 1, 1997, the City Engineer was instructed to prepare a schedule for implementation of an Interim Storm Drainage Policy. The Mayor asked the City Engineer if he cared to make any comments at this time. The City Engineer stated that as noted, the City Council gave instructions at the previous Council Meeting that the City Engineer come back with a schedule at this time. The Schedule was before the Council in the memo that was prepared for their packets. There was one minor change and that was that the second Council Meeting in January was not the 19` but rather the 20. One other item was that the City Attorney and I have investigated the various ways they could approach the implementation of the drainage policy. At this time, he would ask the City Attorney to explain the advantages and disadvantages of each either Book 38 Page 338 through Title 67, which was the State Planning Act, or through the City's position acting as a Highway District. The City Attorney discussed at some length the various ways of adopting this drainage policy. It could be done through the Land Use Planning Act, Idaho Code 67 -6518, or it can be adopted outside of the Land Use Planning Act on the general authority of Title 50. It also could be adopted under the Statutes governing the road districts in Title 40. Mr. Harris stated that his preference would be to generally adopt the Ordinance pursuant to the general provisions relating to Municipal Corporations in Title 50. He preferred Title 50 over doing it tinder the Land Use Planning Act for several reasons. Another area where this could be done would be to amend the current Zoning Ordinance having to do with the area of the Ordinance dealing with flooding and etc. Mr. Harris further stated that he would suggest that they adopt a separate ordinance with a direct appeal on the part of an applicant directly to the City Council rather than use it through the Zoning Ordinance or the Land Use Planning Act which would require an appeal on the part of an applicant to the Planning and Zoning Commission and another appeal to the City Council and another appeal to the District Court if it ever came to that. He would like to have the appeal process go directly to the City Council from the decisions made by the Building Official without having to go through the Planning and Zoning Commission. IIe suggested that there was probably a need to get this Ordinance in effect as soon as possible. There was some discussion pertaining to this issue. Specifically, the need for the public to be involved and discussing the several options available and the advantages of having it come straight to the City Council. The schedule for the storm drainage policy implementation was as follows: 1. Complete draft of Interim Storm Drainage Policy (January 5, 1998). 2. Notice of Pubic Hearing before City Council (January 2, 1998). 3. Public Hearing on draft of Interim Storm Drainage Policy (January 20, 1998). 4. First reading of ordinance implementing Interim Storm Drainage Policy (January 20, 1998). After discussion, Mayor Winder informed Staff that their direction was to come back to the City Council with a Bill drafted under Title 50, the public will have an opportunity to pick that up on the 5`' of January at the latest and have an opportunity to review it prior to the public hearing which will be held on January 20` This should give adequate evaluation of the process and if not satisfied with the one hearing process, they could make suggestions as to how it ought to be done and move it over under the Land Use Planning Act or whatever was appropriate. NEW BUSINESS (PUBLIC HEARING ON THE IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE PURPOSE OF FUNDING PUBLIC INFRASTRUCTURE IMPROVEMENTS IN CONJUNCTION WITH A NEW BUSINESS IN CALDWELL) Mayor Winder noted that the first item under New Business was a Public I earing on the Idaho Community Development Block Grant for the purpose of funding public infrastructure improvements in conjunction with a new business in Caldwell. The Flying "J" Travel Plaza was the business that was relocating to an area east of 1 -84 on the southeast corner of the intersection of Highway 20/26 and I -84. Book 38 Page 339 The Mayor then asked the City Engineer if he cared to speak to this matter at this time. Mr. Law stated that it was probably more appropriate that this be done under the auspices of the Public Hearing. The Mayor continued asking if there was anyone signed to testify to this matter. It was noted that Karl Augustine and Terrence Bride were signed to speak in favor of the grant. The Public Hearing was then opened and Mayor Winder stated that the purpose of this Hearing was to provide the public an opportunity to present -- testimony either in support of or in opposition to the City of Caldwell applying for a Community Development Block Grant through the Department of Commerce and Development. Karl Augustine was present representing Ida -Ore Planning and Development Association who was the City's agent for the application. Karl Augustine, Ida -Ore Planning and Development located at 10624 West Executive Drive in Boise, Idaho. Mr. Augustine explained that they have assisted the City in preparing a copy of an application for assistance from the Idaho Department of Commerce that administers the Idaho Community Development Block Grant program. Before Mr. Augustine continued with his presentation, the Mayor requested that anyone signing to testify this evening stand to be sworn in by the City Clerk. Mr. Augustine continued stating that the comments he was going to make were required by the block grant program in order to share the information with those present. They would then have an idea as to what they were really talking about. The purpose of this Public Hearing was to allow the citizens of the City of Caldwell to have input on the preparation of Idaho Community Development Block Grant application including project proposals and anticipated outcomes. This Public Hearing was being conducted in accordance with the City of Caldwell's Citizen Participation Plan. The City of Caldwell has had previous block grant projects and that Citizen Participation Plan has been adopted for those projects as well. Mr. Augustine presented some program background stating that the Community Development Block Grant program was enacted by Congress under the Community Development Act of 1974. The Act authorized the U.S. Department of Housing and Urban Development to operate the program. In 1982, Congress amended the Act to allow States to assume CDBG program operations. In Idaho, the Department of Commerce administers the CDBG program on behalf of the State. Only cities and counties were eligible applicants to the ICDBG program. To qualify, eligible activities funded by the program must: • Principally benefit low and /or moderate income persons, or • Aid in the prevention and/or elimination of slum & blight, or • Meet community development needs having a particular urgency which pose a serious and immediate threat to health. Eligible activities range from property acquisition to planning and could include public facilities, such as housing, economic development, removal of architectural and other barriers to promote accessibility for persons with disabilities, and other activities listed in the ICDBG Application Handbook which were available for public review. With regard to application deadlines, given the categories of funding, the Department of Commerce has established deadlines for the submission of the various Block Grant application types. The 1997 -98, application deadlines were as follows; • Nov. 21, 1997 Public Facilities & Housing Pre - Applications • Dec. 19, 1997 Economic Development Applications Book 38 Page340 • March 6, 1998 Public Facilities and Housing Full Applications • March 6, 1998 Senior Citizen Center Applications • March 16, 1997 Economic Development Applications • June 15, 1998 Economic Development Applications • Sept. 21, 1998 Economic Development Applications Submission forms, eligibility requirements, and required information could be found in the ICDBG Application Handbook which, again, was available for public review. The estimated FY 1997 allocation from IIUD for the ICDBG program was $9,000,000. This total allocation was divided among the following funding categories: • 3,986,000 Public Facilities • 3,986,000 Economic Development • 300,000 Imminent Threat • 552,000 Senior Citizen and Community Facilities • 284,000 D.O.C. Administration • 92,000 Technical Assistance. The Block Grant Program was very popular with local governments around the State. This was demonstrated by the fact that each year, more applications were submitted than there were dollars available to fund The project application proposes to support the location of a new business within Caldwell and the creation of 40 new jobs through the provision of public infrastructure. This infrastructure was proposed to include roadway with curb, gutter, and sidewalk; sewer, water, and storm drainage. The proposed project also includes upgrading the size of the pumps within a lift station, and relocating an existing lift station, an existing concrete irrigation ditch and an outdoor advertising sign all of which occupy the right -of -way for the new road. The application will include, but not be limited to, the anticipated date of submission, the plan to assist persons and/or businesses actually displaced, the proposed activities, where the proposed activities will be conducted, the total project costs, the portion of project costs to be paid by ICDBG fiords and the estimated portion of ICDBG funds requested that will benefit persons of low and moderate incomes. Based upon the preceding presentation, the Mayor and City Council will open the Public Hearing portion of the meeting and request testimony and/or comments on the proposed application. Minutes of the Public Hearing provided by the Caldwell City Clerk. Following the receipt of any public testimony and /or comments, or response to any questions, a recommendation will be made that the Mayor and City Council close the Public Hearing. After the conclusion of Mr. Augustine's comments, the Mayor asked if there was anyone else who cared to speak on this matter. He again noted that they would have to sign up if they intended to testify. Terrence Bride, 3265 Tyler Avenue, Ogden, Utah, the Community Liaison for Flying J, was recognized by the Mayor. Mr. Bride stated that his company looks at the City of Caldwell as a partner in this venture of continuing their efforts to develop job opportunities within the City of Caldwell. Most of the project information has already been shared with you or you will find it in the actual grant application. We propose a facility that would be approximately five million dollars, was still in the design phase and the exact figures were not available at this time. We build high quality travel plazas tluoughout North America. This would be one of those newer facilities which would offer considerable employment in the community. We provide jobs that were almost exclusively full time positions, full benefits and offer individuals without skills an opportunity to come into the job market and to learn job skills. We also provide oppprtunities Book 38 for individuals who have already developed some good, marketable skills to get good, gainful employment. Some of our plazas have lower end hotels and this was one consideration they will be looking at in the future for this site. Mr. Bride concluded stating that he would be happy to answer any questions. City Council Member Evans asked what the time frame was for completing the project. Mr. Bride answered that they would begin construction given that permits and everything was on line by February 15, 1998. They plan to complete -- construction by July, 1998. Councilman Evans also asked for clarification as to when the low end motel would be considered. Mr. Bride answered that this will be something that they will look at down the road and have reserved some area in their site design for that consideration. Mayor Winder stated that they appreciated very much Flying J's interest in locating in Caldwell. We were anxious to provide as broad job opportunity as we can in this community and yours will certainly provide that opportunity. The community will receive a benefit from this because it will enable us to start with sewer and water construction which would open the whole area for additional development and will provide an access route to the Airport. The City Engineer noted that in his memo to Council, there was a proposal to construct 8700 feet of water line to serve the site. That particular iten costs about $220,000. If that burden was placed exclusively on this development, it would be a very difficult pill to swallow even with the size of the project. We consider this to be a benefit to Flying J, but in addition, it does open up an area for the City in which to provide this service to other people. The primary need for that water line was fire protection to that site. The Mayor noted that those asking to testify have done so. Staff s comments and Council's were a part of the record and comments indicated that all were in favor of this project going forward in a timely manner. With that, he would ask for a motion to close the Public Hearing. MOVED by Houchins, SECONDED by Earl that the Public Hearing be closed. 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 the Mayor. The Mayor noted that the consensus of the City Council was obviously to direct Mr. Augustine to go forward with this application and he would so direct him at this time. The Mayor requested a short recess at 8:45 p.m. in order to sign some of the papers. The Meeting was reconvened at 8:55 p.m. (PUBLIC HEARING ON THE WINTERS SUBDIVISION MATTER) Page 341 Mayor Winder noted that this was the time set for the Public Hearing on the Winters Subdivision issue. The Mayor asked if there were any documents to be entered into the record at this time other than the Staff Report and those items included in that report. In addition, a layout of the area was to be included as part of the record as requested by Mr. Bull. The Mayor reviewed the process for holding the Public Hearing and noted that the applicant was Jack Winters of 604 Galveston. He explained that those desiring to testify must sign up and stated that there were four signed up in opposition and two in favor. The request was for the City Council to hold further proceedings as directed by District Judge Goff, who remanded this matter to the Council approximately a year ago. The matter has languished while the legal procedures failed to function and went into limbo for a while. The applicable sections of the Book 38 Idaho State Code and the Caldwell Municipal Code were Idaho Code, Chapter 65, Local Planning Act; the City of Caldwell Subdivision Ordinance No. 1758 and the City of Caldwell Zoning Ordinance No. 1451 and the Case No. CV -96- 02300, Stipulation for Remand and Order, District Court of the Third Judicial District of the State of Idaho, in and for the County of Canyon. The procedure would be to open testimony to the Applicant and then to the Appellant. After further explanation, the Mayor suggested that the spokesperson, if there was one, would have fifteen minutes for their presentation and others would be given five minutes. Council agreed with this suggestion. Mayor Winder then opened the Public Hearing and requested that the Staff Report be presented at this time. The Community Development Director presented the Staff Report which would be included as part of the record. Mrs. James reported that the Planning and Zoning Commission, with five members present, heard a request at a Public Hearing held on March 7, 1996, for preliminary subdivision plat approval of Winters Place Subdivision. At said hearing, Commission members voted unanimously to approve the preliminary subdivision plat. An appeal hearing, regarding the Commission's approval of the plat, was heard by the Mayor and City Council on April 15, 1996. At said hearing, City Council approved the preliminary plat of Winters Place and requested an opinion from the City's legal counsel regarding the cul -de -sac right-of-way on Joliet Street. In a letter dated April 26, 1997, it was noted that the City Attorney determined the reversion in the easement applies only to the area in the cul -de -sac that was outside the right-of- way for Joliet. The street right -of -way for Joliet may be opened by Mr. Winters with a right -of -way width of 40 feet extending from the Bull property to North 5"' Avenue; the Church property would not be impacted except by additional traffic. A judicial appeal was then filed by Ernest and Carole Bull, who were property owners adjacent to the subject site, naming the City as the respondent. On November 18, 1996, District Judge Goff remanded the case to City Council for "further proceedings." The normal proceeding in the case of subdivisions, was to hold a public hearing on the final plat before the Planning and Zoning Commission, who in tunz make a recommendation to City Council for final plat approval. backing an interpretation of "further proceedings," a decision was made to proceed onward by placing the request for final plat approval on the Planning and Zoning Commission's hearing calendar. They issued a notice of Public Hearing on the final plat for SUB - 1317-97 (Winters Place Subdivision) to be held on October 23, 1997, before the Planning and Zoning Commission. At this hearing, Chairman Roos announced the rescheduling of the hearing on Winters Place Subdivision to a date and time certain, that being November 13, 1997. At the hearing held on November 13, 1997, a "Motion/Request for Continuance" filed on behalf of Ernest and Carole Bull was presented. On the advice of Richard Harris, the City Attorney, the final plat request was withdrawn from the Commission's agenda and placed on the City Council's hearing agenda of December 15, 1997. Mrs. Jarnes further commented that Council will note that all of the proper notifications have been made and notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City. On December 8, 1997, the site was posted. This brings us to the present time. She also called attention to the Exhibits included in their packet which included A -7, a statement of the case. This was the information that came back as part of the further proceedings presented by Judge Goff. On the last page, you will note that the following was stated: "This matter should be remanded back to the Caldwell City Council to detennine if the proposed project includes land owned by the Bulls." Other Exhibits included: S -18, a small copy of the Assessor's map; PZ -1000 showing the plat; S -19, a copy of the quitclaim deed. These exhibits will be in the Case File in Caldwell Community Development Department. Also, the tapes of this meeting will be held in the Office of the City Clerk for six months. Page 342 Book 38 Page 343 Mayor Winder stated that he believed everyone understood that what they were dealing with was the matter of the easement of the right -of -way at this point. That was what the remand was. The first to testify to this matter was Susan Wildwood from Star, Idaho, the Attorney representing Mr. Winters. She stated that this was an extremely narrow issue. The only real question was whether or not there was any property owned by the Bulls that would be affected by the development of the Winters Subdivision. When you have the deeds in front of you and look at the maps that Mrs. James has provided, you can see that it will not be affected. The quitclaim deed of 1971 that was presented to you by the Bulls was an absolute grant of a road right -of -way and has no reversionary clause. That was actually the road right -of -way that would go from the Bull property through the section dedicated by Mr. Winters and connecting to Joliet on the westerly portion. Right within the cul -de -sac deed was the piece of information that supports the position we are taking. The first paragraph says, "That part of a tract of land within the circle that lies southwesterly of the southwesterly right-of-way line of Joliet Street ". Bulls gave two deeds to the City. One was for a right -of -way for the road. The other was a little sliver of land for an easement for the cul -de -sac. When the City connected the rest of Joliet Street onward to the west, there was no reason for the City to retain that small crescent of property. It was that small crescent of property which lies southwesterly of the right-of-way line that will be reverting back to Bulls. It will not effect Joliet Street in any way. If you look strictly at the cul -de -sac deed, ignoring the language I just cited, there was a suggestion in that that there was a reversion back to Bulls. It was only that part of the property that lies southwesterly as the road right -of -way line. The earlier deed had already granted outright the straight road right -of -way that would allow the connection completely through. Ms. Wildwood further discussed the issue the Bulls raised before the Court and the Appellant's brief submitted by Mr. Rainey on behalf of the Bulls. Again, the tape will be available for review at the Office of the City Clerk. Jack Winters, 604 Galveston, was available to answer any questions. The Mayor recognized Ernie Bull, 324 Joliet, who presented a layout of the area and explained the reasons for his appeal. His comments included concerns with regard to parking and the amount of footage that would be taken to allow the street to go through. Others testifying in favor of the appeal included Marvie Thomas, 320 Joliet, and Gary Littlefield, 321 Joliet. They expressed their concerns particularly with regard to the roadway and the amount of footage it would take and also the possibility of a problem with drainage. Ron Rainey, 2615 Dorman, Attorney at Law, representing the Bulls also presented his testimony. Mr. Rainey stated that he represented the Bulls on their appeal to the District Court. At that time, the only document that this Council had before them was a document entitled an Easement. Ms. Wildwood referred to that as a cul -de -sac easement. We challenge that easement on the basis that it was invalid because it describes the wrong property. That easement describes property that was north of the centerline. Mr. Rainey pointed out the property on the layout map and stated that someone will have to come in and modify the easement to make it correct. Mr. Rainey also said that tonight he was handed a quitclaim deed which was not an issue when this matter was before the Council before and was not an issue at this time. This matter was remanded to this body sitting as a court to determine the validity of the cul -de -sac easement. Mr. Rainey further explained their objections and in conclusion asked that the City Council declare the easement invalid and to refer it back to Planning and Zoning. There was considerable discussion among the Council Members. Mr. Rainey asked if it wasn't true that the plat has been changed. Ms. Wildwood and Mr. Winters answered that nothing has been changed. The City Engineer also stated Book 38 Page 344 that as far as he knew, it had stayed the same and he further explained the contents of the Deed. Mayor Winder stated that we were basically in the same situation as when this issue was heard by the Council before. That was whether the City has the right - of-way that will allow this project to go forward. At that time, we tuned it over to the City Attorney to find out if the deeds, right- of-way easements, cul -de -sac were actually owned by the City. If we did own it, the project could go forward. Mr. Harris, the City Attorney, commented that the issue and the only issue before the Council this evening on remand from Judge Goff was the status of the easement reference the cul -de -sac. He had previously rendered to the Council an opinion on what happened to the property that was included in the crescent of that cul -de -sac on a reversion that was contained in that easement deed. That crescent reverted back to Bulls in ownership because they didn't give that either by quitclaim deed or unqualified. That was the only issue that was really before this Council. It was the only issue on appeal that has been raised by Mr. Rainey. Mr. Rainey has the burden of establishing that there was no right-of-way either on the part of the City or anyone else. Mr. Harris further said that based on his view of the evidence, that wasn't even what he was arguing before the Council this evening. He thought that the City should proceed on the basis that the: City has the right-of-way since he was abandoning the easement. There was a reversionary process that was a part of that, but that does not effect the right -of- way. The only issue Judge Goff asked us to resolve was that issue regarding the status of the cul -de -sac. Mayor Winder stated that he believed they had heard the evidence. The evidence to be included in the record was the Layout of the Area, Staff Report which included A -7, 5 -18 and 5 -19, and the testimony. MOVED by Evans, SECONDED by Houchins that the evidence as listed be entered into the official record. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Evans presented the Findings of Pact as follows: • We heard presented as a fact that the consideration of the cul -de -sac as a piece of property between two portions of Joliet was not essential to our consideration; • We heard that property on the crescent part of the cul -de -sac actually would revert back to the Bulls because it wasn't needed as part of the cul -de -sac; • We heard from Mr. Law that the City did have right -of -way rights through that area which included the cul -de -sac and that additional research was probably necessary to determine whether the Bulls actually owned the property adjacent to the cul -de -sac prior to the quitclaim deed dated in December of 1971; • There was a factual statement given that the applicant owns the land adjacent to his property and plans to deed it to the City to provide roadway which will go through or connect past the cul -de -sac that we were dealing with; • The Hearing was properly noticed; • That we do have the right to sit in a Quasi Judicial system to act on matters such as this. Councilman Evans then continued with the Conclusions of Law: • All applicable legal standards have been met in our presentation including the City of Caldwell's Subdivision Ordinance No. 1758; Zoning Ordinance 1451; Idaho Code, Chapter 65, Local Planning Act; this Case No. CV -96 -02399 Book 38 Page 345 which was a Stipulation for Remand and Order, District Court of the Third Judicial District of the State of Idaho, in and for the County of Canyon; • Conclusions of Law were reserved for the Mayor and City Council to determine. MOVED by Evans, SECONDED by Houchins that the Findings of Fact and Conclusions of Law be adopted. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Again, the Mayor stated that the purpose of this hearing was to consider the remand to the City Council of this matter by the Third District Court. He believed they had done that. MOVED by Houchins, SECONDED by Evans to close the public Hearing. Roll call vote. Those voting yes: Houchins, Evans, Busch, Langan and Wells. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Hearing was closed by the Mayor. The Members of the City Council discussed this further with Councilman Wells stating that he believed he would have to give this issue some study. After the discussion, the Mayor asked for a motion. MOVED by Evans, SECONDED by Langan that it was the opinion of the City Council that there was sufficient right-of-way to do this project and to go forward. Roll call vote. Those voting yes: Evans, Busch, Langan, and Houchins. Abstain: Earl and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE REZONE (R -3 TO C -3) FOR SUNDOWNER, INC.) Mayor Winder informed Council that the next item on the Agenda was the rezone for Sundowner, Inc. To begin the process, the Mayor asked if there were any documents to be submitted with regard to this issue. Since there were none, the Mayor reviewed the process for a Public Hearing. He stated that the applicant was Sundowner, Inc., of 1002 Arthur Street in Caldwell. Anyone desiring to testify must sign up before they could be recognized. The request was to rezone the property from R -3 (multi - family housing) to C -3 (Service Commercial). The applicable legal standards include the City of Caldwell 1977 Comprehensive Plan; City of Caldwell Zoning Ordinance No. 1451 and the Idaho Code, Chapter 65, Local Planning Act. The Public Hearing was then opened by the Mayor. Linda James, the Community Development Director, presented the Staff Report by first presenting an Exhibit PZ1000, which was a copy of the assessor's map showing the location of the site. The surrounding zoning of this property could be considered to be a "mixed bag ". The subject site was bordered on the northeast by C -3, to the north was C -4, R -3 borders the northwest and southwest and R -2 borders the site to the southeast. The R -3 zoning to the northwest provides a narrow buffer between the subject site and a large area zoned C -2. Mrs. James also called Council's attention to the fact that this did go forward to the Planning and Zoning Commission on November 13, 1997, and the Commission Book 38 recommended unanimously to City Council that the request for the rezone be granted. The Community Development Department did notice the application for the public hearing tonight and all notification requirements were met. Under the Comprehensive Plan designation, Subsection 2.7, the designation appears to be high density residential. Bettie Pilote, 2420 Brookside Drive, was recognized by the Mayor and stated that she was representing Sundowner, Inc. Ms. Pilote stated that this area was a mixed use neighborhood and they owned the commercial property existing now. There were two tenants who have expanded several times and as they have done so, they have looked at this little piece of ground which could be used as a parking lot or incorporated into the expansion of the two businesses. That was the reason for requesting the rezoning as there was a need for parking and for storage. Francisco Diaz, 1701 Oak Street, spoke in opposition to this zoning stating that the increase in traffic could be a problem and he was expressing concern on behalf of his mother who owns property located on the northwest corner of Elgin. Mayor Winder asked for a motion to accept the evidence which included the Staff Report, testimony, and Exhibit PZ 1000. MOVED by :Earl, SECONDED by Evans to accept the evidence as presented by the Mayor. 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 Findings of Fact were presented by Councilwoman Earl as follows: The recommendation was made by the Planning and Zoning Commission to approve this rezone; Would suggest that the City Council basically adopt the Findings that the Commission has presented and that Mrs. James has included in her Staff Report including the applicable legal standards that have been met for the Comprehensive Plant, the Zoning Ordinance No. 1451, and Idaho Code, Chapter 65 which was the Local Planning Act. The Conclusions of Law were: Our particular Public Hearing was published in the paper amid proper notification made; City Council has the legal right to make this rezone and to accept the recommendation of the Planning and Zoning Commission. MOVED by Earl, SECONDED by Langan 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 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 Page 346 Mayor Winder officially closed the Public Hearing_ Book 38 Page 347 (CONSIDER SILL NO. 44 FOR THE REZONE UNDER DISCUSSION) Mayor Winder read Bill No. 44 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN LANDS WITHIN THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, FROM R -3 TO C -3; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, - IDAHO; INSTRUCTING THE COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS C -3 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Evans that Bill No. 44 be passed. There was a discussion with regard to whether the motion should indicate that the rules be waived and the Bill passed on the first reading. Councilman Evans then MOVED that the rules be waived requiring that a Bill be read at three separate readings and read by title only for the one reading. Again, there was discussion regarding whether there should be the three readings. Since there was not a second for the motion presented by Councilman Evans, the motion died.. Mayor Winder suggested that the Bill be read for one reading at this time. MOVED by Langan, SECONDED by Earl that this be considered the first reading of Bill No. 44. 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 TO APPROVE THE EXECUTION OF THE CITY STREET FINANCE REPORT) The Mayor explained that this item was to consider a Resolution to approve the execution of the City Street Finance Report. This Report was required by the State of Idaho each year in a timely manner and the Report was published early in the new year. They use this information in their deliberations. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CITY STREET FINANCE REPORT FOR THE CITY OF CALDWELL. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be and the same hereby are authorized to execute that certain City Street Finance Report attached hereto and made a part hereof as if set forth in full in accordance with Idaho Code 40 -708 MOVED by Earl, SECONDED by Langan that the Resolution be passed authorizing the execution of the City Street Finance Report. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Book 38 Councilwoman Earl reported that the ]Finance Committee has reviewed current accounts payable in the amount of $615,823.95 for the period ended December 10, 1997, and a net payroll of $120,704.06 for the pay period ended December 6, 1997. MOVED by Earl, SECONDED by Evans that accounts payable in the amount of $615,823.95 represented by check numbers 55491 through 55742 and payroll for the total amount of $120,704.06 represented by check numbers 60552 through 60658 and direct deposit stub numbers 6993 through 7088 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. MOTION CARRIED (CITY COUNCIL COMMENTS) The only comment was Councilman Houchins mentioning that there was a new business on Paynter Avenue which was a retail pleat operation. (MAYOR'S COMMENTS) Mayor Winder reported on the following: That the Finance Committee needed to get back with him regarding the insurance issue; naming a street after the Griffith family which he requested that the City Engineer and the Fire Department research; Carol Howell was selected as the Employee of the Year and Gary Shoemaker as the Supervisor; the 19` at the Acapulco was the City Christmas party; and on January 5"', he would be giving the State of the City Address at noon at Albertson College and Garrett Nancolas would be speaking on the 12 of January at the same location. The next meeting would be when they swear in the new Mayor and Council. (ADJOURNMENT) MOVED by Evans, SECONDED by Earl that since there was no more business, the Meeting be adjourned at 10:50 p.m. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. APPROVED AS written THIS 5 th DAY OF January 1:992. 1998 Mayor i ilper n Councilperson J Coun Ip ton cilpers Councilperson Co cilperson ATTEST: Page 348 City Clerk