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HomeMy WebLinkAbout2015-10-05 City Council Minuites BOOK 56 PAGE 119 SPECIAL MEETING October 5,2015 6:30 p.m. (CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING PROPOSED AMENDMENTS TO THE CITY CODE,CHAPTER 10,ZONING ORDINANCE) Jarom Wagoner,621 Cleveland Blvd.,provided an outline of the various proposed changes within Chapter 10 of the City of Caldwell Zoning Code. Discussion was held concerning illuminated, projected/suspended signs within the City Center Zoning District. It was noted that the downtown area has provision for temporary signage. Questions were asked concerning private screen fencing design and sheep and goats on lots less than one- half acre in size. It was suggested that a temporary permit issuance for goats when being used for weed control purposes. Mr.Wagoner will research this matter. The workshop ended at 6:53 p.m. REGULAR MEETING October 5,2015 7:00 P.M. Mayor Nancolas welcomed those in attendance.He reported that prior to the meeting a public workshop was held for the purpose of discussing amendments to the City Code,Chapter 10-Zoning Ordinance. There was a presentation from staff and no decisions were made. Discussion was held with members of staff and those in attendance. Pastor Kathy Bilderback of the Evergreen Heights Mennonite Church provided the invocation. Cameron Manker,1901 Arthur Street,of Boy Scout Troop 9276 led the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Pollard, Biggers,Feucht,Ozuna,and Hopper.Absent: Callsen. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. The Mayor acknowledged Mrs.Adams,American Government teacher at Caldwell High School. Each of the students stood and introduced themselves. B. Proclamation: "Domestic Violence Awareness Month Mayor Nancolas read the proclamation into the record: Whereas,home should be a place of warmth,unconditional love,tranquility,and security,and for most of us,home and family can indeed be counted among our greatest blessings. Tragically,for many Americans,their home is tarnished by violence and fear;and Whereas,family violence is a crime that transcends race,religion,ethnicity and economic stature, and one of its greatest tragedies is its effect on our young people;and Whereas,across America,an estimated 4.8 million case of domestic violence occur each year and at its most tragic level,kills an average of more than three women everyday;and Whereas, each October,the formal recognition of Domestic Violence Awareness Month allows the community to acknowledge and show their support for the victims of this horrible crime;and Whereas, a coalition of organizations has emerged to directly confront this crisis and area achieving success. Law enforcement officials,those involved with shelters and hotline services, health care providers, clergy and concerned citizens are helping in the effort to end domestic violence. We must recognize the compassion and dedication of these volunteers and professionals;applaud their efforts and increase public understanding of this important problem. Now, therefore, I, Garret L. Nancolas, Mayor of the City of Caldwell, do hereby proclaim the month of October 2015 as "Domestic Violence Awareness Month" and urge all citizens of Caldwell to become a part of the coordinated community response to domestic violence and to send the message that this crime will not be tolerated in our community. C. Report from Job's Daughters State Leader Alison Cameron: BOOK 56 PAGE 120 Alison introduced herself to the Council and highlighted the goals and mission of Job's Daughters. D. Report from Debbie Geyer (Youth Master Plan Committee Chair) and Holly Cook(Caldwell Saves 1st Coordinator): Update on Youth Master Plan Committee and the Caldwell Saves 1st program(City Learning Collaborative-Boston,MA on September 9-10,2015): Ms. Geyer provided an update as to the happenings and successes of the Youth Master Plan Committee and the sub-committees which have been formed. Ms. Cook provided an update concerning the Caldwell Saves 1 s'program and the progress which has been made in making plans for the upcoming 2016 program. Ms. Geyer and Ms. Cook expressed appreciation for the opportunity to attend the National League of Cities Learning Collaborative due to grant funding received by the National League of Cities. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper,SECONDED by Biggers to approve the agenda as presented. MOTION CARRIED AUDIENCE PARTICIPATION Gina Lujack, 2418 Ray Street, addressed the process concerning the Local Improvement District (LID) volunteer program. She reported that she recently purchased the building at 708 Arthur Street(Fashion Extra). The LID obligation was not recorded with Canyon County at the time she closed on the property and therefore she was not aware of the financial obligation on this parcel. She personally had to research the outstanding indebtedness through the City Engineering Department and was told that the assessment would not be filed with the county until the contractor had completed the entire LID project with all participants. She expressed her concern with this system and how a new land-owner could be liable if the obligation was not noted in a title search at the time of a land purchase transaction. The Mayor reported that staff would research the process for conformance as outlined within the Idaho State Code and report back to Ms.Lujack. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on September 21, 2015; the Caldwell Historic Preservation Commission meetings held on March 23, 2015 and July 27,2015;the Senior Center Board Meeting held on September 14,2015;and the Caldwell Traffic Commission Meeting held on September 14,2015; 2. Approve the Order of Decision for Case No.ZON-15-05(Caldwell Rezone); 3. Approve Resolution No. 165-15 authorizing the adoption of the Canyon County Emergency Operations Plan dated August 2015; 4. Approve Resolution No. 166-15 authorizing the Caldwell Fire Department to join the Master Planning Study with the Meridian Fire Department and the Star Fire Protection District conducted by Emergency Service Consulting International at a cost of$10,000 per city; 5. Approve Resolution No. 167-15 authorizing the purchase of an exhaust removal system with Weidner Fire for Caldwell Fire Department Station#2 at a cost of$30,633; 6. Approve the request from SJI3 Enterprises,LLC for a beer and wine license at the Copper Cafe located at 1906 Fairview Avenue; 7. Approve Resolution No. 168-15 authorizing the execution of a Memorandum of Understanding with Idaho Veterans Garden,Inc.for the community garden located at 305 Belmont; 8. Approve Resolution No. 169-15 authorizing the execution of a Lease Agreement with Idaho Veterans Garden,Inc.for the community garden located at 305 Belmont; 9. Approve Resolution No. 170-15 authorizing the execution of an Agreement for City Attorney Services with Hamilton,Michaelson&Hilty,LLP. MOVED by Pollard,SECONDED by Feucht to approve the Consent Calendar as printed. Roll call vote: Those voting yes: Pollard, Biggers,Feucht, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting:Callsen. MOTION CARRIED OLD BUSINESS (CONTINUED FROM SEPTEMBER 8, 2015: CONSIDER DECISION REGARDING THE APPEAL TO THE "INTENT OF ABATEMENT NOTICE" FROM THE CALDWELL PLANNING & ZONING DEPARTMENT CONCERNING THE PROPERTY(S) LOCATED ALONG WASHINGTON AVENUE BETWEEN SPRUCE STREET AND ALDER STREET OWNED BY L&M ASSOCIATES, LLC TOTALING APPROXIMATELY 10.5 ACRES. THE CITY COUNCIL SHALL AFFIRM,WITHDRAW,OR MODIFY THE ORDER TO ABATE) Jarom Wagoner,621 Cleveland Blvd.,provided the staff report and presented a PowerPoint showing the dominance of weeds at the location. BOOK 56 PAGE 121 Sylvia Baehm, 110 South 5th Avenue,reported on previous dealings with the property owner concerning maintenance of the subject property since 2004. Matt LeBaron,L&M Associates LLC at 1214 2nd Street South,Nampa,provided testimony appealing the intent to abatement notice. He stated that he came prepared to address issues at a different location along Washington and Spruce and not the parcel as indicated tonight by staff. He emphasized that the notice he received was not for the parcel outlined by staff. He expressed that this is a difficult piece of property to maintain and therefore the cattle were placed on the property to help control the weeds. In consultation with the City Attorney Marin Ericson, it was recommended that the appeal hearing be continued until the next Regularly Scheduled City Council Meeting to be held on October I 91 to allow staff to issue proper notice concerning the subject property, MOVED by Pollard,SECONDED by Ozuna to continue the item to the next Regularly Scheduled City Council Meeting to be held on October 19,2015 at 7:00 p.m. Councilman Feucht stated that the item should be acted upon tonight and not be continued inasmuch as this has been an ongoing matter. The weeds have not been maintained on a regular basis as mandated in City Code. MOTION CARRIED (4 in favor,I in opposition) NEW BUSINESS (PUBLIC HEARING[QUASI-JUDICIAL]: CASE NO.ZON-15-06:A REQUEST BY JOHN GIULIANI TO REZONE 6.34 ACRES, MORE OR LESS, FROM C-4 [HIGHWAY COMMERCIAL]TO C-3[SERVICE COMMERCIAL]WITH A COMPREHENSIVE PLAN MAP CHANGE FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL AND TO REZONE 8.79 ACRES,MORE OR LESS FROM R-1 [LOW DENSITY RESIDENTIAL]TO R-3 [HIGH DENSITY RESIDENTIAL]. THE SUBJECT PROPERTIES ARE LOCATED ON THE WEST SIDE OF FLORIDA AVENUE,BETWEEN I-84 AND SYRINGA LANE) Mayor Nancolas outlined the public hearing process and asked the City Clerk to swear in those who would be providing public testimony. The Mayor declared the public hearing open. Jarom Wagoner,621 Cleveland Blvd.,read into the record an e-mail which was received from Pete Koehler on September 28,2015,which the Mayor labeled as CC-1000. Mr.Wagoner presented the staff report and outlined the facts as written. He reported that the Comprehensive Plan Map does indicate the property as high residency residential. Land Use: The subject property is zoned C-4(Highway Commercial)and R-I (Low Density Residential) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site C-4/R-I High Density Residential Vacant Land/Residential North R-I High Density Residential Residential/Vacant Land South C-4 Industrial I-84 Freeway West R-I Medium Density Residential Residential/Vacant Land East R-I Low Density Residential Residential/Church The subject property has frontage on Florida Avenue,a collector roadway and Syringa Lane,a local street. The Hearing Examiner recommended approval of the C-4 to C-3 zoning change and a modification of R-3 (high density residential) to R-2 (medium density residential) for the northern portion of the property. There are several conditions of approval outlined within the staff report. In response to questions from Councilman Pollard,Mr.Wagoner outlined the allowed uses within the C-3 zone to include restaurants,office space,grocery stores,and retail. In response to questions from Mayor Nancolas,Mr.Wagoner stated that it was his understanding that the property owner intends to relocate this business to the subject property which would require a special use permit. In response to questions from Councilman Biggers,Mr.Wagoner responded that the property is a little over one mile from the Franklin Interchange. Discussion was held concerning the completion of right-of-way to access the site. Laren Bailey, Representative for the applicant at 847 Park Centre Way, Suite 3,Nampa acknowledged being sworn in and spoke in favor of the request. He noted that the rezone development would clean up the BOOK 56 PAGE 122 interstate area which was used as an amusement park several years ago. He requested that the zoning classification of R-3 be approved thereby overturning Mr.Mapp's recommendation. In response to questions from Councilman Biggers,Mr.Bailey indicated that currently there is not a plan for Parcel A usage. John Giuliani, 3605 Arthur Street, acknowledged being sworn in and spoke in favor of the request. He reported that he owns a wood products manufacturing business which recently relocated to Caldwell area from Montana. He spoke in favor of the northern parcel being zoned as R-3. Councilman Pollard asked for clarification of Mr.Giuliani's business. Mr.Giuliani stated that the business is"Montana Timber Products"based in Caldwell with 25 employees. Jerry Langan,218 N. Alaska Drive, acknowledged being sworn and spoke as neutral to the request. He expressed concern regarding the lack of long-range planning for the northern parcel being developed into large multiple housing units and how it would affect the local schools. Susan Tachick, 223 Florida, acknowledged being sworn in and spoke in opposition to the request. She presented a map of the area,which the Mayor labeled as CC-1001,and a letter from Rene Alamo&Crystal Flores, which the Mayor labeled as CC-1002. She expressed concern about the overcrowding and access/traffic issues. She requested that a traffic study be conducted. The Mayor read the letter from Rene Alamo&Crystal Flores(CC-1002)into the record. Elizabeth VanGorder, 504 Reece Land, acknowledged being sworn in and spoke in opposition to the request. She noted concern with access to the subject parcel. She noted that she did not receive a notice of the hearing even though her property is nearby the subject property. She presented pictures of barriers along Mueller Lane,which the Mayor labeled as CC-1003. Bonnie Minder,504 Reece Lane,signed in opposition and stated that she agreed with Ms.VanGorder. DellaWolford,2909 Life Way,signed in opposition but was not present to provide testimony. Erin Smith,3107 Owyhee Land,acknowledged being sworn in and spoke in opposition to the request. She expressed her concern for congestion and incompatible zoning for the existing residences. She stated that VanBuren Elementary is already overcrowded which is a matter that must be addressed. Willie Sullivan, 116 Crestline,acknowledged being sworn in and spoke in opposition to the request. He expressed concern about access to the site and congestion of traffic. He noted that the specific use of the property has not been stated. Alvin Kuest,2912 Syringa Lane,acknowledged being sworn in and spoke in opposition to the request. He expressed concern about traffic within the area. He stated that he lives on the gravel portion on Syringa Lane and people currently do not observe the 20 miles per hour speed limit and often use the road as a short cut to Mueller Lane. He expressed concern about public safety matters within a higher density housing area,traffic issues and recommended the zoning remain as R-I(Single Family Residential). Kathryn Taylor,2403 Paradise Circle,acknowledged being sworn in and spoke in opposition to the request. She expressed concern with traffic and overcrowding issues. James Taylor,2403 Paradise Circle,acknowledged being sworn in and stated that he agreed with previous testimony. Tina Ashlock,3031 Syringa Lane,acknowledged being sworn in and spoke in opposition to the request. She reported on the current criminal violations transpiring on her property and expressed concern with additional crime taking place with the potential approval of a high density housing development. She also noted her concern about traffic issues. Willie Shield,3031 Syringa Lane,signed in opposition but did not provide testimony. Douglas Storey,2620 Hillcrest Lane,acknowledged being sworn in and spoke in opposition to the request. He expressed concern regarding traffic issues and overcrowding within the schools. In response to questions from Councilman Biggers, Mr. Storey stated that limited traffic with small businesses on the frontage commercial parcel would assist with traffic matters. Kristi Christensen,208 S.Florida Avenue, acknowledged being sworn in and spoke in opposition to the request. She emphasized that there has been a large increase of crime within the area. She inquired how long ago was the Comprehensive Plan updated? Brian Billingsley,Planning and Zoning Director at 621 Cleveland Blvd.,reported that the latest updates to the Comprehensive Plan were adopted in 2010. Prior to those updates, the Comprehensive Plan was reviewed and updated in 2003. BOOK 56 PAGE 123 Ms. Christensen concluded that she is concerned with the increase of crime in the area since Montecito Park was developed. She requested single housing in the area and low impact commercial along the freeway frontage. Sharon Willis, 2504 Syringa Lane, asked the developer inquired about city services and right-of-way improvements. She stated that currently the residents on Syringa Lane have septic systems. Would they be required to hook up to city services if the request was approved? Brent Orton,621 Cleveland,reported that residents would not be required to connect until there is a failure in existing septic services. Sharon Willis expressed that the residents have a right to know where the sewer will be accessed from. She also commented on traffic and crime issues within the area and recommended that the high density residential request be denied. The Mayor clarified that all sewer lines would be located within public right-of-way. Phyllis Jewett, 403 Hill Lane, acknowledged being sworn in and spoke in opposition to the application. She expressed concern regarding irrigation matters. Stewart Dearden,2906 Tinnin,acknowledged being sworn in and spoke in opposition to the request. He asked that all the opinions from the residents within the area be considered. He read an article into the record concerning the rise in crime within high density areas. Jim Christensen,208 S.Florida Avenue,signed in opposition to the request but did not provide testimony. Pete Koehler, I I I Louisiana Avenue,acknowledged being sworn in and spoke in opposition to the request. He addressed the overcrowding and poverty rates at Van Buren, Sacaj awea,and Washington elementary schools. Terry Koeher, III S. Louisiana Avenue, acknowledged being sworn in and spoke in opposition to the request. She stated that the development is a net negative venture. She expressed concern about the economic development aspect of the proposed plan noting that it is her opinion that very little of the money would stay in Caldwell. She noted that the developer had reported in the neighborhood meeting that he currently uses six trucks for transport but wishes to double his business. She is opposed to the request for high density residential. Shandee Tachick,signed in opposition to the request but was not present to provide testimony. Brandi Snow,2305 Syringa Lane,signed in opposition and was in agreement with previous testimony. Brian Tachick,223 Florida Avenue,signed in opposition but was not present to provide testimony. Mark Tachick,223 Florida Avenue,signed in opposition but was not present to provide testimony. Carol Jones, 2811 Hillcrest Lane, acknowledged being sworn in and spoke in opposition to the request. She reported concerning the land-use schedule and what is allowed in a C-3 zone to include multiple family dwellings. She recommended that the Comprehensive Plan Map be changed from C-4 to R-2 and leave the R-I as is. She reported that over 90 signatures were gained on the neighborhood petition in opposition to the request. She expressed her concern with devalued property values if the multi-family and commercial zoning is approved as well as incompatibility of the development within the existing neighborhood. The Mayor called for a short recess at 10:05 p.m.The meeting reconvened at 10:11 p.m. Roger Gordon, 305 South Florida,acknowledged being sworn in and spoke in opposition to the request. He stated that all the residents are in opposition to the application and recommended denial of the request thereby leaving the zoning as R-I(Single Family Residential). In rebuttal,Laren Bailey provided a response to the public testimony. He stated that the Comprehensive Plan designation has been in place as R-3 since at least 2003. He addressed traffic concerns along Florida Avenue and the street improvements which would be done by the developer as outlined in the staff report. He noted that school overcrowding issues are always dealt with by the school districts in review of school enrollments. The C-4 zoning classification has more intensive uses than the C-3 designation. There are city services in the area which would be brought to the site. Density does not necessarily equal low grade housing options but does assist in keeping city services affordable for the community. Irrigation will be provided to the site as required by state law. The developer has begun cleaning up the frontage parcel which was previously used as an amusement park. He recommended approval of the R-3 zone request with a development agreement that would cap the density at 20 units per acre. Councilman Feucht asked how the developer would maintain a good working relationship with the residents in light of the high number of persons being in opposition to the request. Laren Bailey responded that the developer is following the Comprehensive as previously approved by City Council and it is the goal of the developer to remain transparent. BOOK 56 PAGE 124 In response to questions from Councilman Feucht,Mr.Orton stated that vehicle weight limits would be in compliance with the state weigh station standards. Typically,local roadways do not post weight limits. In response to questions from Councilman Feucht,Mr.Wagoner reported that notice was sent to the local school district and no comments were received from that agency. Councilman Hopper stated that the comprehensive plan analysis,the staff report,and findings of fact need to be analyzed before a decision is rendered. Councilman Biggers concurred with Councilman Hopper's recommendation. MOVED by Pollard, SECONDED by Ozuna to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on October 19,2015 at 7:00 p.m. with the public testimony portion to remain open. MOTION CARRIED (4 in favor,1 in opposition) The Mayor emphasized that the public may not speak to any of the City Council Members pursuant to the Idaho State Code public hearing guidelines. Only staff members may be contacted to clarify any questions concerning the matter. He explained that any questions or discussion regarding the matter must be done in the context of the public hearing. (CONSIDER BILL NO. 28 [ORDINANCE NO. 3013] FOR CASE NO. ZON-15-06 (CITY OF CALDWELL REZONE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) This item was continued to the next Regularly Scheduled City Council Meeting to be held on October 19, 2015. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Feucht reported that the Finance Committee has reviewed current accounts payable in the amount of$2,318,660.97 for the period ending September 30,2015 and net payroll in the amount of$287,648.72 for the pay period ended September 19,2015. MOVED by Feucht,SECONDED by Hopper that accounts payable in the amount of$2,318,660.97 represented by check numbers 11791 through 112328 and payroll for the total amount of$287,648.72,represented by check numbers 28831 through 28862 and payroll direct deposits,be accepted,payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Biggers provided an updated progress report on the Veterans Memorial Hall. (MAYOR'S COMMENTS) The Mayor reported on the success of the Youth Forum, which was held on September 16th. He expressed appreciation to Debbie Geyer and the Youth Master Plan Youth Forum Committee for organizing the event. The Mayor recently attended a conference regarding labor negotiations. This is the 30th anniversary of the formation of ICRMP(Idaho Counties Risk Management Program). The Mayor recently spoke at Boise State University to a graduate class on local government operations. An Urban Renewal Agency meeting will be held on Friday,September 9,at noon. EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION MOVED by Pollard, SECONDED by Feucht to convene into Executive Session pursuant to Idaho Code, Section 74-206,Subsection 1(f)to discuss pending litigation at 10:35 p.m. Roll call vote. Those voting yes:Pollard,Biggers,Feucht,Ozuna,and Hopper. Those voting no:none. Absent and/or not voting:Callsen. MOTION CARRIED MOVED by Biggers,SECONDED by Hopper to reconvene into Regular Session. MOTION CARRIED BOOK 56 PAGE 125 (ADJOURNMENT) MOVED by Ozuna,SECONDED by Hopper to adjourn at 11:04 p.m. MOTION CARRIED APPROVED AS written THIS 19th DAY OF October ,2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk