HomeMy WebLinkAbout2022-07-21 City Council MinutesI
CITY OF CALDWELL
PUBLIC MEETING INFORMATION
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CITY COUNCIL WOR]<SHOP
Thursdavo July 21,2022
5:00 PM
A WORKSHOP TO RECf,IVf, INFORMATION CONCERNING THE CALDWf,LL HOUSING
AUTHORITY UPDATE REPORT AND COMMLTNITY DE\'ELOPMENT BLOCK GRANT PROGRAM
OVERVIEW AND DRAFT ANNUAL ACTION PLAN
REGULAR CITY COUNCIL MEETING
AGENDA
Thursday, July 21, 2022
6:00 PM
IYVOCATION OFFERED BY REVEREND DANA BROOKS OF CALDWELL GRACE LUTHERAN
CIII'RCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION,
SPECIAL PRESENTATIONS.
a. Proclamalion: PFC Loren M. Trotter Day
b. Award from Association of ldaho Cities - Planning & Zoning Director, Jerome Mapp
c. Crime Stoppers ofSouthwest ldaho
ATJDIENCE PARTICIPATION.
CONSENT CALENDARI IALL CONSENT CALEI\.DAR ITEMS ARE ACIIIIN ITEMSI
l, Approve the minutes ofthe Regularly Scheduled City Council meeting held on July 7, 2022; the Special
Meeting of the Hearing Examiner held on J;ne 28,2022: the Planning & Zoning Commission minutes of
Jlllne 14,2022: and the CaldwellTraffic Commission meeting held on July 14,2022:
2. Approve Resolution authorizing the position of Deputy Chief in the Police Department and to adopt a
change to the Police Officer Pay Scale to reflect the position's rate ofpay;
3. Approve Resolution authorizing an amendment to the Caldwell Employee Policy Handbook. Section VII.
Benefits, C. Holidays and set an effective date ofJuly 22.2022;
4. Approve Resolution amending the previous approval ofdeclaring Unit 75 (2010 Ford Crown Vic) as surplus
for disposition to public auction: thereby changing the disposition to a public agency (F.levate Charter
School) for purpose ofclassroom instruction.
5. Approve Resolution authorizing the execution ofthe Scope of Professional Services "2022 MS4 Support'
with HDR to be signed by the Ciqv Engineer or Public Works Director:
6. Approve Resolution authorizing the acceptance ofthe Condemnation Settlement Agreement, Temporary
Construction Agreement. Access Location Easement, Quitclaim Deed. and Memorandum ofAgreement for
purpose of constructing a roundabout at the intersection of Ustick Road and Florida Avenue:
7. Approve Resolution authorizing the culinary and irrigation well maintenance/rehabilitation work in the
amount of $37.000r
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g. Approve Resolution ar:thorizing the execution ofthe Financial Audit Engagement Contract with Eide Bailly
for the year ended September 30.2027',
9. Approve Resolution iuthorizing the expenditure of-$ I 0,500 from contingency funds for the unanticipated
..plu".."nt of the air conditioner r.rnit by Air cornfort at the caldwell Fire Station No. 1;
10. Approve Resolution accepting the recommendation of the_Trustees of the Cit"v of Caldwell Employee
eenefit plan Trust ro execure the Financial Audit Contract for the Caldwell Employee Benefit Plan Trust
with Eide Bailly for the year ended September 30. 2022'
OLD BUSINESS:
1. ACTION ITEM: Official Oath of Office for Steve Fultz, as the new City of Caldwell Planning & Zoning
Director.
NEW BUSINI,SS:
l. ACTION ITEM: Consider Bill No. 42 (Ordinance No. 3436) changing the official name of a portion of
right-of-rvay, known as "Commercial Way" to "Bluebird Place" with a request to waive tlte rules and pass
on the first reading.
ACTION ITEM P ub lic Hearine to allow the issuance of an Alcoholic Beverage License to Olive and
8l I Main Street pursuant
r00' of a place of worship
Vyne Caldrvell for sale or consumplion of Beer & Wine at the location known as
t;Cald\'"ell Ciry Code (Section 06-07-13) when said premises is located within 3
within the CiI)" Center Zoning District-
3. ACTION ITiM public He;rine to allorv the issuance of an Alcoholic Beverage License to Mesquite
Creek Outfitters for sale or consurnption of Beer & Wine at the location kno*n as 7l 2 Main Street pursuant
ro Caldrvelt City Code (Section 06-07-13) when said premises is located rvithin 300' ofa place of worship
1.,,ithin the Cit-v Center Zoning District.
4. ACTION ITiM public Hearins (Quasi-Judicial): Case Number SUB22-000007: A request by Trilogy
Development. tn". fo. th. P."lirinary Plat of Cedars 3-7 Subdivision. This preliminary plat consists of
208 single-family residential lots and 28 common lots and will be phased into tlvo (2) developments. The
p.op".t| i. ,or.d Rl (Single Family Residential). The properties are located south of E Homedale Road
and .*tend south of Mos; Street to S Indiana Ave. The Hearing Examiner foru'arded this case with a
recommendation of approval on May 24.2022.
5. ACTION ITEM puLiic Hearinq (Quasi-Judicial): Case Number ANN22-0000002 / PUD22-000002 /
SUB22-000006: A requesr by: Subdivision Maker, LLC for the annexation of 5.43 acres. parcel
R34320010A. Concurrintly the applicant is requesting a Planned Unit Development and Preliminary Plat
for Conner Crossing Subdivision. a single phase development, consisting of3 lots single-family drvelling
lots. l8 lots tbr anached townhomes or duplexes. The property is designated Low Density Residential. The
. subject properties are located directly south of Vision Charter School, 19291 Ward Road, in Caldwell-
Idairo. The Uearing Examiner fom,alded this case with a recommendation of approval with conditions on
Mav 24.2022.
6. ACTION ITEM: Consider Bill No. 5 (Ordinance No. 3399) for Case No. ANN22-000002 with a request
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to waive the rutes
7. ACTION ITIM
, pass on the fir'st reading.and approve the summary for publication.
Public He Anng (Quasi-Judi cial): Case Number ANN22-0000006: A request fbr
to waive the rules, pass on the first reading, and applove the summary for publication'
s. AcrtoN ITEM Bcblls_gcglls (Quasi-Judicial): case Number Y AC-22'0lz A Request for partial
vacation of plat no-1., thut ,.f.r.n". common lot ownership by the business owners' association for all
phases and iepluts us identified herein for Sky Ranch Business Center Subdivision. The properties are
iocated south of Hwy 20126 and along Smeed Parkway, Caldwell' lD'
10. ACTION ITEM: Consider Bill No. 40 (Ordinance No. 3434) for Case No. vAC-22-01 with a request to
annexation of aPProxirnatelY'I .74 acres inclusive of three strips of land, parcels R3408901 0C (0.59 ac)
and R34090010 ( I .08 ac) R34 0890108 (0.07 ac) lying adjacent to Mandalay Ranch No. I and the Mason
Creek Drain rvith a zoning desig nation of "Rl " (Low Density Residential). The applicant is required to
extend and complete the rnajor pathlvay and landscaping from the current west tennination point to
Middleton Road. The subject properties are located approxinrately 480 feet north of the intersection of
Middleton and Hw1'20126 on the west s ide of Middleton Road. The Planning and Zoning Commission
forrvarded this case with a recommendation ofapproval on June I 4,2022
B. ACTION ITEM: Consider Bill No. 22 (Ordinance No. 3416) for Case No. ANN22-000006 with a request
waive the rules. pass on the first reading and approve the summary for publication'
I l. ACTION ITEIIi: Consider Resolution authorizing the fonnation of Local Improvement District (L.l.D.)
22- I and set the protest Hearing date for August 18. 2022 at the Regularly Scheduled City Council Meeting
at 6:00 P.m.
12. ACTION ITEM: Considel acceptance of the Finance Repoft'
13. Council Repons.
14. Mayor's Comments.
15. Executive Session pursuant to Idaho Code, Section 74-206, Section (l)O for the purpose of considering
labor contract matters authorized under section 67 -2345A 174'206A) (a) and (b) '
16. Adjournment.
Next Regular cit-v council Meeting is on Thurs4aY. Augqst 4. 2022 8t 6:00 p.m. in the community Room at the caldwell
police Sition at li0 South Fiffh. eny p".tot-e"aitU tpecial accommodations to panicipate in the meeting should contact the
biay if"r["a+ir Blaine Street or cali #455-4656 pri;r to the meeting. The entire agenda packet and minutes can be viewed on
tletity of Catawett's websiter ry4iEg!4!!'=!Lgq. -Cualquier
p€rsona que necesita arreglos especiales para paflicipar en
iu,*nian o.u..orrni""rse "on "lS6Eiirio de la Cirdad en 4ll Blaine Street o llame al # 455 a4656 antes de la reunion.
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BOOK 63 PAGE 144
(--AI,DWELL CITY COUNCIL
WORKSHOP
Jtly 2l,2022
5:00 p.m.
A WORKSHOP TO RECEIVE INT'ORMATION CONCERNING THE CALDWELL
HOUSING AUTHORITY LTPDATE REPORT AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM O\'ERVIEW AND DRAFT ANNUAL ACTION PLAN
Cofintu,t Develonmenl Block Granl:
Caldwell H ousins Auth otilv U pdate :
Mike Dittenber, Director of the caldwell Housing Authority, provided a PowerPoint conceming th€ir
agency's updates. He addressed the need ofretirement housing, subsidized housing and workforce housing
w'ithin a community. He reported on the status ofthe 200 Recleational Vehicle Parking Spaces Ploiect atthe
Farmway Village site- Farmway Village is currently not able to accommodate the number ofhousing requests
for agriculturaiemployee housing dui to the lack of units. The new RV Parking Space Project will assist
with th is need,
He noted that he is currently working with the Public Works Director, Brent Orton, Iegarding watel system
upgrades at Farmway VilJage and a -onditional Use Permit application is pending with Canyon Cou]rtl: H:
em-phasized the need for additional workforce housing in association with the increased population in North
Caidwell. the CHA Board is looking to add 172 units over the next ten (10) years to the existing multi-
family housing community.
In response to questions from Councilor Stadick, MI. Dittenber responded that it is estimated that the City of
Caldwell Water Line Project would commence in the fall/winter of 2022'
In response to questions from councilor Register conceming how the city of caldwell may assist the
Caldwell Housing Authority's plans - Mr. Dittenber stated that he would apprcciate the continued partnership
for the Waterline project ind potential suppo't from the Plarming & Zoning Department to move forward
with potentially anneiing the Farmway Viilage site into the Caldwell City Limits. He provided information
to Councilor Register about a land-use overlay zone,
councilor Allgood recommended the involvement of Mr. Dittenber concerning input to the Planning &
Zoning Department for updates to the Comprehensive Plan,
In response to questions 1lom Councilor Allgood, Mr. Dittenber rcported that the Idaho code outlines the
standards for housing authodties. Pursuant io ldaho code, the caldwell Housing Authority is not bound to
only one area for houling development, such as Farmway Village. He concluded by noting that approval by
canyon county ofthe RV Parking spaces Project is also continent ofhaving the infrastructure in place by
the City of Caldwell.
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Keri Foster, Communify Development Block Grant Specialist with the City of Caldwell plovided updates
conceming the program.
She outlined the CDBG accomplishments within the past year:
. Over 100 units ofnew Multi-Family Workforce and Senior Housing provided'
. Ten (10) new homeownership homes and ten (lo) homebuyers assisted'
r Over 200 Caldwell residents are still housed through temporary emergency assistance pa)'rnents - 70+
households
o Entrance doors for ciry Hall, P & z and Police station/community Room are now accessible
o Lighting improvements at Lions Park
o Home repairs to two senior households
. Assistance to low-moderate income ltre time homebuyers
Future plans for next year for Second Year - Annual Action Plan:
. SZS,OOO public Services (Resources to benefit the most vulnerable residents ofCaldwell.)
. s225,661 Housing (Funding to support development of affoldable housing, homebuyers assistance
and other eligible activities.)
. $550.000 $100,000 current year + S450,000 liom previous years
(BalanceoffundsforArthurstreetMulti-modalbike/pedestrianpathwayandothereligible
improvements.)
Appreciation was expressed to Ms. Foster for her oversight ofthe GDBG program for the city of caldwell.
The workshop dismissed at 5:59 P.m.
BOOK 63 PAGE 145
CALDWELL CITY COUNCIL
RECULAR MEETING
Jttly 21,2O22
6:00 p.m'
Mayor Wagoner opened the meeting at 6:00 p.m. and welcomed those in anendance-
pastor Jim porter ofthe Caldwell Free Methodist Church provided the invocation. Mayor Wagoner led the
audience in the Pledge ofAllegiance to the Flag.
The Roll of the ciry council was called by the city clerk with the following members present: Allgood,
Williams, Stadick, Register, and McCee. Absent: Doty,
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
roclantalion PFC Loren M. Trolter Ddl
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Mayor Wagoner read the proclamation into the record. The proclamation was presented to Robert Troner,
nephew ofpFC Trotter. Mr. Trotter than the City ofCaldwell for the proclamation. Robin Trotter, cousin
to PFC Trotter, expressed appreciation concerning the recognition ofPFC Trotter.
Members in attendance of the Caldwell American Legion Post 35 - Lolen M. Trotter Chapter - were
acknowledged by Mayor Wagoner. They reponed that the Caldwell American Legion Post 35 would be
hosting at special memorial service at the canyon Hill cemetery on July 30,2022 at I I ;00 a.m. in honor of
PFC Loren M. Trotter.
PROCLAMATION
PFC LOREN M, TROTTER DAY
wHEREAS, tllis is o time when tee reme,rtber with greot sadness PFC Loren Marion Trolter who was
one ofthe 22 ldahoans thqt served in the 2"t Engineers that were killed in action in ll/Wl; and
WHEREAS. it is a tirrle to honor PFC Trolter who risked his life to scve the lives of others: and
WHEREAS, this is q day ofremembrancefor the heroic service of PFC Trotter as one ofthefwe ldahoans
vho returned to their hometo\r n for burial
VHEREAS. this is a call lo remember all ofour veterans that have sen)ed to not onlyfrShtfor their own
freedom and rights bu, also those ofothets.
NOW, THEREFORE, I, Jaron ll/agoner, Mayor of the City of Caldwell, do hereby proclain Saturday.
July 30, 2022 as: PFC Loren M. Ttottet Day in lhe city ofcdldwell and askthe citizens ofour communiry
to recognize PFC LOREN M. TROTTER DAY and have though{ul reflection for those who served and
suffered so greatlY.
Award from A ssocialion of Cities - Planni Zonine Direclor,e Mapo
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Mayor Wagoner provided a review of Mr. Mapp's career and presented him with the" Ken Harward
Award-, which was recently awarded to Mr' Mapp by the Association ofldaho Cities Conference.
(Mr, Mapp was not able to attend the conference to receive the award.)
It was noted that Mr. Mapp would be retiring as of July 29.2022 rvith over 50 years ofexperience
in land-use planning. public policy, and grant administration in the public and private sectors. He
has a worked with appointed and elected oflicials in federal, state. and local govemment to address
a variety ofneeds relating to community projects, land-use' and public policy. Best wishes were
extended to Mr. Mapp for his retirement.
c Crime St oooers of Sottt
He noted that Crime Stopper fulfilled obligation with the City of Caldwell this past year by:
o Provided24l7 call center assistance to the public
o Forwarded 36 tips fiom the public to Caldwell Police Department.
. Communicated with the Caldwell Police Department and the City Clerk.
e Provided Crime Stopper signage to the City Clerk for public spaces.
r Organized two "Free Community Shred Days" (May 21,2022 and September 17,2022)
Kenny Pittman of Crime Stoppers of Southwest ldaho provided a PowelPoint outlining information
the crime stoppers organization and services provided to the city ofcaldwell in Fy-202112022. He
about
noted
that their annual budget is $ 100,000, which covers TIPS software fees, call center expenses, mobile phone,
trajler equipment. marketing materials, and rewards. There are no paid cledcal costs at this time, but they
are looking to hire a part-time employee, The Ciry of Caldwell provided S4,000 in Fy-20?2 and they are
looking to continue the partnership in FY-2023.
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BOOK 63
d. Motorize Bic"-cles for Bike Pa trol Officers - Caldwell Police De
AUDTENCE PARTICIPATION
He asked for the continuation ofthe partnership with a contribution from the City of Caldwell in the amount
of $6,600. They are planning foy one "Free community shred Dal' event being organized by crime
Stoppers.
The Mayor thanked Mr. Pittman for the presentation.
PAGE 146
ived for use by the
and expressed their
Chief lngram reported on the arrival of the two new e-bikes. which recently an
Bike Patrol Division. Officer Miller and Ol'Iicer Stevens presented the two bikes
appreciation to Mayor Wagoner and the Caldwell City Council for approving the purchase
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Pamela williamson.4606 Serlers Avenue, reported that she and her husband moved to Idaho flom
Califomia for purpose to retirement. She noted that last year they were assessed $1,400 for Canyon County
property taxes. ihey recently received their new tax statement fiom Canyon County and were dismayed
it the amount of$2,8b0 for the current year. She asked the Caldwell City Councilto wolk with the Canyon
County Assessor's Office to help reduce the tax burden for local citizens'
Tlre Mayor reported that the caldrvell city council is looking for potential ways to assist with ploperty
tax relief this year. He noted that they have been in contact with the leadership at Canyon County
concerning a possible rebate program for the City ofCaldwell residents.
Mike caplin, i32i Marble Front Road, expressed his concem regarding the continued closule of the
Caldwell Municipal Swimming Pool. He asked for an update conceming the status of the pool's
rehabilitation program- He recommended that the pool site include a spa area. He also noted the need for
trained lifeguards at public pool facilities.
The Mayor reported on the history of improvements at the caldwell Municipal swimmine Pool, noting
that dueio the excessive amount for constructing a new pool, the current structue is being refurbished' It
is estimated that the project would be completed in time for the facility to be open to the public in the
summer of 2023.
Robb MacDonald reported that Citv staff is working to complete the design and move forward with
construction as soon as possible. The refurbishing project is considered Phase I. Other amenities would
be considered under additional phases. The City is researching the option to re-establishing the geothermal
well at the site, which would possibly lend to the considelation ofa future mineral spa at the site
Mayor Wagoner complimented Mr. Caplan on bringing forward ideas for the swimming pool site'
cina Bosco of 4403 PrestoD Avenue expressed her concern with the appointment of Randy Neary to the
Airport commission. she noted possible FAA violations with MI. Neary's business being located at the
Caldwell Airport. She inquired as to the process used to determine the appointment. Did staffand the
Mayor review other appliiations for the volunteer position? Why not redraw the approval and let the
Airport Commission mike the recommendation? She noted provisions within the Airport Commission
Byiaws conceming the board member appointment process. Why were other applicants not contacted
conceming the status ofthe vacancies?
Mayor Wagoner addressed the concerns as brought forward by Ms. Bosco. He noted that no favoritism
wai involved with the appointment of Mr. Neary to the Caldwell Airport Commission. The
recommendation for appointment was brought forward to his office by the Public Works Director and the
Airport Manager. An ]nterview was conducted by the Mayor with the applicant. Additional apPointments
to tie Airport-Commission have been paused for further review by staffand legal counsel regarding airport
proceduris. He confirmed that Mr. Neary's appointment was properly approved by the Caldwell City
bouncil. lf there are issues of compliance concerning MI. Neary's business located at th€ Caldwell
Airport. the matter will be researched and properly addressed'
CONSENT CALENDAR:
l. Approve the minutes of the Regularly scheduled city council meeting held on July 7. 2022. the
Special Meeting ofthe Hearing Examiner held on June 28, 2022; the Planning & Zoning commission
minutes ofjune 14, 2022; and the Caldwell Traffic Commission meeting held o\ Jnly 14,2022:
2. Approve Resolution No. 259-22 authorizing the position of Deputy Chief in the Police Department
and to adopt a change to the Police Officer Pay Scale to rcflect the position's rate ofpay;
3. Approve iesolution No. 260-22 authorizing an amendment to the Caldwell Employee Policy
Handbook. Section VII, Benefits, C. Holidays and set an effective date ofJuly ?2,2022l,
4. Approve Resolution No. 261-22 amending the previous approval of declaring unit 75 (2010 Ford
Ciown Vic) as surplus for disposition to public auctioni thereby changing the disposition to a public
agency (Elevate Charter School) for purpose ofclassroom instruction.
S. epprove Resolution No, 262-22 authorizing the execution ofthe Scope of Professional Services
"iozz vS4 Support" with HDR to be signed by the City Engineer or Public Works Director;
6. Approve Resoiution No. 263-22 authorizing the acceptance of the Condemnation Settlement
Agieement, Temporary Construction Agreem€nt, Access Location Easement, Quitclaim Deed, and
Mimorandum ol'Agreement for purpose of constructing a roundabout at the intersection of Ustick
Road and Florida Avenue:
7. Approve Resolution No. 264-22 authorizing the culinary and inigation well
mainlenance/rehabilitation work in the amount of $37,000;
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BOOK 63 PAGE 147
OLD BUSINESS
(ACTION lTf,M: OFFICIAL OATH OF OFFICE FOR STEVE FULTZ AS THE NEW CITY OF
CALDWELL PLANNINC & ZONING DIRECTOR)
Mayor Wagoner conducted the Oath of Office fol Steve Fultz as the new Planning & Zoning Director.
NEW BUSINESS
(ACTION ITEM: CONSIDER BILL NO. 42 IORDINANCE NO. 34361 CHANGING THE
drnctal xlrrrn oF A poRTIoN oF RIGHT-oF-WAY KNowN AS "coMMERCIAL wAY"
TO "BLUEBIRD PLACE" WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE
FIRST READING)
Robb MacDonald. cib- Engineer at 621 Cleveland Blvd.. provided the staff report and recommended
approval of the request.
Mayor Wagoner read the ordinance by title only:
ANoRDINANCEENACTEDBYTHECALDWELLCITYCoUNCILCHANGINGTHEoFFICIAL
NAME OF A PORTION OF THAT RIGHT-OF.WAY KNOWN AS "COMMERCIAL WAY" TO
*BLUEBIRD PLACE'.; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS
THEREOF IN CONFLICT HEREWITH
MOVED by AJlgood, SECONDED by Stadick to waive the three reading process and consider Bill No.
42 (Ordinance No. 3436) on its first reading by title only.
Roll call vote: Those voting yes: Allgood, Stadick, williams, McGee, and Register- Those voting no:
none. Absent and/or not voting: Doty.
MOTION CARRIED
MOVED by Allgood. SECONDED by Stadick to sponsor Bill No.42 (Ordinance No. 3436) and move
for its passage by title onlY.
Roll call vote: Those voting yes: Allgood, Stadick, McGee, williams, and Registel. Those voting no:
none. Absent and/or not voting: Doty.
MOTION CARRIED
8. Approve Resolution No- 265-22 authorizing the execution oi the Pinancial Audit Engagement
Contract with Eide Bailly for the year ended September 30, 2022;
9. Approve Resolution No. 266-22 aathorizir.rg the expenditure of$10,500 fiom contingency funds for
thi unanticipated replacement ofthe air conditioner unit by Air Comfort at the Caldwell Fire Station
No. 1;
10. Approve Resolution No.267-22 accepting the recommendation of the Trustees of the cify of
Cildwell Employee Benefit PIan Trust to execute the Financial Audit Contract for the Caldwell
Employee Benefit Plan Trust with Eide Bailly for the year ended September 30,2022.
MOVED by Mccee, SECONDED by Register to approve the Consent Calendar as printed.
Roll cal! vote: Those voting yes: Mccee, Stadick, Allgood, williams, and Register. Those voting no:
none. Absent and/or not voting: Doty.
MoTIoN CARRIED I
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(ACTTON ITEM PUBLIC HEARING TO ALLOW THE ISSIJANCE OF AN ALCOHOL
irnvpruqcr LTCENSE To oLIvE AND vYNE cALDwELL FoR sALE oR coNSUMPTIoN
OF BEER & WINE AT THE LOCATION KNOWN AS 81I MAIN STREET PURSUANT TO
CALDWELL CITY CODE (SECTION 06-0?-13) WHEN SAID PREMISES IS LOCATED
wtTHtN 300' oF A PLACE OF WORSHTP WITHIN THE CITY CENTER ZONING DISTRICT)
Debbie Geyer. Caldwell City.Clerk, provided the staff report and outljned its contents. She noted that
the public hearing was properly noticed. Tara Brunerof,llT E. Ranch Drive, Eag1e, appliedfora Beer
& Wine License with the City of Caldwell on April 20, 2022 for a location known as 811 Main Street.
pursuant to ca)dwell city code (Section 06-07-13) (ord.2874,3-21-2011), the application requires
approval through the public hearing process due to the close proximity to a place ofworship. The site
is iocated within 54 feet ofthe World Harvest Church located at 801 Main Street'
The city clerk,s office is awaiting approval from caldwell city council before the Alcohol Bevelage
License may be issued pursuant to provisions outlined within the Caldwell City Code. Licenses from
the Idaho State Police and Canyon County Commissioners have been received by the City Clerk's Office
and are being held until further approval by the Caldwell City Council'
The applicant reports that the business at 8l I Main Street will be an upbeat, urban hangout in downtown
Caldwell that focuses on food, wine, and beer. The business plan includes collaborating with the local
wineries. the Idaho Wine Commission, and wine tour companies 10 feature their products, Products will
be offered by the bottle and by the g)ass. The floorplan and site plan for olive and Vyne caldwell
indicates that business will only be conducted within the interior ofthe facilify'
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BOOK 63 PAGE 148
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The application has been reviewed and approved by the chiefofPolice, Building official, Fire Marshal,
and the Planning & Zoning Director. No comments have been received fiom staff or members ofthe
public in opposition to this request.
She concluded by stating that the Caldwell City Clerk recornmends approval for issuance ofan Alcohol
Bevemge License for Bier & Wine at 8l I Main Street as requested by Tara Bruner of Olive and Vyne
Caldwell.
Tana Bruner. Applicant at 417 E. Ranch Drive, Eagle, spoke in favor ofthe request and concurred with
the staffreport. She asked for approval ofthe Alcohol Beverage License.
Sabrina Minshall, Destination Caldwell at I l9 ?th Avenue, spoke in favor ofthe request'
MOVED by Stadick, SECONDED by Mccee to close the public testimony portion ofthe hearing,
MOTION CARRIED
MOVED by Register. SECONDED by Allgood to approve the Alcohol Bevelage License for olive and
Vyne Caldwell (Beer & wine) for the site located at 8l I Main Street
MOT1ON CARRIED
ACTION ITEM PUBL IC EARING TO ALLOW THE ISSUANCE OF AN ALCOHOL
BEVERAGE LICENSE TO MESQUITE CREEK OUTFITTERS FOR SA LE OR
CONSUMPTION OF BEER & WINE AT THE LOCATION KNOWN AS 7I2 MAIN STREET
PURSUANT TO CALDWELL CITY CODE (SECTION 06-07-13) WHEN SAID PREMISES IS
LOCATED WITHIN 3OO' OF A PLACE OF WORSHIP WITHIN THE CITY CENTER ZONING
DISTRICT.
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Debbie Geyer, Caldwell City Clerk, provided the staffreport and outlined its contents. She reported that
Bradley Bowden of I 1 188 W Box Canyon Coud, Star, applied for a Beer & Wine License with the City
ofCaliwefl on June 24,2022 for alocation knoum as 712 Main Street. Pursuant to Caldwell City Code
(section 06-07-13) (ord.2874,3-21-201l), the application requires approval through the public hearing
process due to the close proximity to a place ofworship. The site is within 220 feet of the World Harvest
Church located at 803 Main Strcet.
The City Clerk's Office is awaiting approval fi'om Caldwell City Council, Idaho State Police (Alcohol
Beverage Control), and the canyon county commissioners before the license may be issued. The ISP
applicaiion is pending a letter of approval from the caldwell city clerk's office pursuant to provisiors
outlined within the c;ld.v/ell city code allowing for the business with approval ofthe governing body.
The applicant reports that the business at7l2 Maln Sfeet will be a community gathering place offering
beer and wine services as well as flatbreadVsalads/charcuterie boards and side dishes (see attached menu).
Mesquite Creek Outfitters will be marketed as a local gathering place where local talent (musicians and
artists) may be showcased.
The floorplan and site plan for Mesquite Creek Outfitters indicates that business will only be conducted
within the interior ofthe facility. No provisions have been made for outside dining atthis time.
The application has been reviewed and approved by the ChiefofPolice, Building OfIicial, Fire Marshal,
and the Planning &, zoning Director. No comments have been received fiom staff or members of the
pubJic in opposiiion to this request. She concluded by stating that the Caldwell City Clerk recommends
approval for issuance ofan Alcoho) Beverage License for Beer & Wine at 712 Main Street as requested
by Bradley Bowen of Mesquite Creek Outfitte6.
Brad Bowden, Applicant at 1 I 1 88 W- Box Canyon Court, Star, spoke in favor of the request and asked
for approval ofthe Alcohol Beverage License.
Sabrina Minshall of Destination Caldwell at I lgtr' 7rh Avenue spoke in favor ofthe request. She noted
that the Mesquite Crcek Outfittem business has entrance points {iom Main Street as well as ftom the
lndian Creek Plaza. There has been communication with the Mr. Bowden legarding the bqundaries of
an approved alcohol beverage license in association with the standing license issued to Destination
Caldwell for the Indian Creek Plaza. She noted that discussion has also been held with ldaho Alcohot
Beverage Control conceming a potential plan for outdoor patio space accommodations for such
businesses surounding the lndian Creek Plaza.
MOVED by Stadick, SECONDED by Williams to close the public testimony portion of the hearing.
councilor McGee asked for a roll call vote since he would abstain fiom voting conceming this matter'
MOVED by Stadick, SECONDED by Register to approve the Alcoholic Beverage License for Mesquite
Creek Outfitters (Beer & Wine) for the site located at 712 Main Stleet.
Roll call vote: Those voting yes: Stadick, Allgood, Williams, and Register. Those voting no: none'
Absent and/or not voringr Mccee and Doty.
MOTION CARRIEI)
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BOOK 63 PAGE 149
(ACTION ITEM PUBLIC HEARING IQUASI-JUDICIALI: CASE NUMBER SU822-000007: A
REQUEST BY TRILOCY DEVELOPMENT. INC. FOR THE PRELIMTNARY PLAT OF
CEDARS 3-7 SUBDIVISION. THIS PRELIMINARY PLAT CONSISTS OF 208 SINGLE-
FAMTLY RESIDENTTAL LOTS AND 28 COMMON LOTS AND WILL BE PHASED INTO
TWO (2) DEVELOPMENTS. THE PROPERTY IS ZONED RI (SINCLE FAMILY
RESIDENTIAL). THE PROPERTIES ARE LOCATED SOUTH OF E HOMEDALE ROAD AND
EXTEND SOUTH OF MOSS STREET TO S INDIANA AVE. THE HEARING EXAMINER
FORWARDED THIS CASE WITH A RECOMMENDATION OF APPROVAL ON MAY 24,
2022)
The Mayor declared the public hearing open
Jerome Mapp. Planning & Zoning Director at 621 Cleveland Boulevard, outlined the contents ofthe staff
report and recommended approval ofthe request.
ln response to questions liom Councilor Allgood, Mr. Mapp noted the application for Phases 3-7 meet
the new standards for development as outlined within the City Code.
The Mayor clarified that the plar was altered to meet current development standards within the Caldwell
City Code. The original preliminary plat had expired and since the standards were not in compliance'
revisions to tbe plat were required.
T
Kent Brown. Applicant at 3 16l Springwood spoke in support of the request. He explained that the
original plat fiom 2002 did not comply with today's code requirements. thus the plat was redone in order
to come into compliance with the allowed standards pursuant to the Caldwell Cit-v Code. He reported that
the Cedar Subdivision Iots are approximately 2,000 sq. ft. in size, noting that the neighboring subdivision
lots are considerably smaller. A pathway fiom Moss Lane to Homedale Road has been included within
the development. which provides a means for students to travel by foot to the local school. He clarified
that both the Moss Drain and the Phyllis Canal are included within the development.
Mr. reported that the Hearing Examiner had recommended that a connection be provided within the cul-
de-sac across the Phyllis Canal. He emphasized that the plan includes a pedesnian pathway and stated
his opposition to the bridge/connection requirement. He suggested that a no build agreement be put in
place for the subject cul-de-sac lot rather than consmrcting a bridge. The phasing will commence at
Florida Avenue and move southward.
In response to questions fiom Councilor Stadick, Mr. Brown reported that the developer has been in
conversation with leadership from the Vallivue School District. There has been no momenlary
considerations put into place. The Vallivue School District has been aware oflhe land-use application
since its submittal of the original plat in 2002. No comments were provided by the Vallivue School
District. The plat has been revamped with a lower amount ofresidential lots than its original concept.
ln response to questions from Councilor Allgood, Mr. Brown explained the preliminary plat to final plat
process. He noted that there is an allowance period of24 months to submit the final plat.
In response to questions fiom Councilor Stadick, Mr. Mapp confirmed that the apPlicant is aware ofthe
requirement to address amenities within the completion ofthe first phase.
Councilor McGee indicated his support ofthe pedestrian pathway within the development. He noted his
concems with construction of a bridge within the cul-de-sac, which was recommended by the Hearing
Examiner.
Robb MacDonald, city Engineer at 621 cleveland Boulevard, reported that a bridge is not necessaly
based on the lack oftraffic concerns for the area. Such a crossing acloss the Phyllis Canal would be a
difficult task. He confirmed that the Conditions ofApproval do not include the bridge requirement.
MOVED by McCee. SECONDED by Regist€r to close the public testimony portion of the hearing.
MOTION WITHDRAWN
Discussion followed about the need for Council Membels to refel to the Staff Summaly ReDort for the
finalized Conditions ofApproval (ltems 8.1 thru 8.10).
Mr. Brown noted that 8.10 references a landscape buffer on Florida Avenue, which should be conected
to indicate that the landscape buffer would be placed along Indiana Avenue.
MOVED by McGee, SECONDED by Register to close the public testimony portion of the hearing.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SU822.OOOOO7:
MOVED by Allgood, SECONDED by Williams that the Caldwell City Council accepts the
Comprehensive Plan Analysis, Findings of Fact, and Conclusions of Law in the Staff Report and public
testimon).. Based on the Findings of Fact and the Conclusions of Law, the Mayor and City Council
hereby order that case suB22-000007, The cedars 3-7 subdivision, consisting of 208 single-family
residential lots in an R-l (Low Density Residential) zone on parcels R3274701oDO, R-3274701000.
R32744010A1^ R3274401000, R12744010A0 (74.93acres r) is approYed rvith the conditions of
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BOOK 63 PAGE 150
approvai as listed within the Cit-v Council Summary Report (pages 2 and 3) listed as ltems 8.1-8.10 with
the noted correction to ltem 8.10 for a landscape buffer along lndiana Avenue.
Roll call vote. Those voting yes: Allgood, Williams, Register, and Mccee. Those voting no: Stadick.
Absent and/or not voting: Doty
MoroN .ARRIED
MOVED by Stadick. SECONDED by McGee to close the public hearing.
MOTION CARRIED
(ACTION ITEM PUBLIC HEARING IQUASI-JUDICIALI: CASE NUMBER ANN22-0000002 /
PUD22-000002 / SUB22-000006: A REQUEST BY SUBDIVISION MAKER, LLC FOR THE
ANNEXATION OF 5.43 ACRES, PARCEL R3.I32OOTOA. CONCURRENTLY THE APPLICANT
IS REQUESTING A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR
CONNER CROSSING SUBDIVISION, A SINGLE PHASE DEVELOPMENT, CONSISTING OF
3 LOTS SINCLE.FAMILY DWELL]NG LOTS, T8 LOTS FOR ATTACHED TOWNHOMES OR
DUPLEXES. THE PROPERTY IS DESTGNATED LOW DENSITY RESIDENTIAL' THE
SUBJECT PROPERTIES ARE LOCATED DIRECTLY SOUTH OF VISION CHARTER
SCHOOL, I929I WARD ROAD, IN CALDWELL, IDAHO. THE HEARINC EXAMINER
FORWARDED THIS CASE WITH A RECOMMENDATION OF APPROVAL WITH
coNDtTtoNS oN MAv 24,2022')
Jerome Mapp, Planning & Zoning Director at 621 Cleveland Boulevard, outlined the contents ofthe staff
report.
Councilor Allgood pointed out inaccuracies within the City Council Summary Report, noting that ltem
8. I indicates that the request is to annex 60.21 acres rather than 5 43 acres.
Mayor Wagoner r€ported that the Planning & Zoning Department has recently lost several employees
within the department and the staff members have been extlemely short staffed and overworked. This
was a typographical error.
Darrin Taylor, Applicant at 1434 New York Street, Middleton, clarified that the request is for 5.34 acres
located at the Nw comer or Ward & Linden.
t After Mr. Taylor and Mayor Wagoner reviewed the contents of both the Staff Report and the Summary
StaffReport documents for accuracy. the Mayor reponed that it appealed that the City Council Summary
Repoft was not updated to match the StaffReport. The StaffRepon is accurate and should be referenced
conceming tonight's public hearing information and the appropriate determinations,
Mr. Taylor noted that this is an infill project located across the streel ftom Shadow Glenn Subdivision.
The irrigation system has been improved. Conner Crossing Subdivision will connect to citv services.
Three roundtable meetings were held with several concepts being presented before finalization. Thefinal
plan has been well yetted by City departments. City staffmembers and the applicant concun on the Plan
being presented tonight.
I
A neighborhood meeting was held along with follow-up meetings with the residents. ln the initial
roundtable discussions, there was dialogue regarding a pedestrian bridge so that children could cross from
the west to the east side ofthe Solomon Drain and continue north to Vision Charter School. The neighbors
were in opposition to the consruction of such a pathway, which would connect to the neighboring
subdivision's private pathway. There is a pathway designed along the west boundary.
He requested that Lots l6 & 17, which back up to the Solomon Drain, be allowed a zero foot setback.
There is a utility easement also allocated within the common lot area. The reduced setback would assist
with being able to place a larger residence on Lot 17.
In response to questions fiom Councilor Allgood. Mr. TayloI reported that there would be three (3) single-
family residences and nine (9) townhomes. There will be l8 front doors for the nine townhomes. There
are currently no elevations for the developmenu however, they are looking to propose two-story buildings.
There would be a distance of approximately?5 to 1O0-feet between the backyards due to the rcquired 50-
foot right-otway from the center ofthe Solomon Drain.
The Mayor expressed his support for a pedestrian pathway for safety reasons involving children naveling
to and from the local school.
Mr. Taylor reported that the residents were in opposition to the pathway as expressed at the neighborhood
meeting. He noted that the developer would be in favor ofconstructing the pathway. He again asked for
allowance ofthe zero foot setback for Lots l6 & I 7.
MOVED by Stadick, SECONDED by Williams to close the public testimony portion of the hearing.
MOTION CARRIED
BOOK 63 PAGE 151
COMMENTS FROM COUNCIL MEMBERS CONCf,RNING THE REQUEST:
Councilor McGee inquired about the opposition liom neighbors for the pathway,
The Mayor clarified that the existing neighboring subdivisions have a divide, with each one taking care
of their pathways in a different manner. The subdivision to the north has been in favor ofthe current
crossing for purpose of children walking to school. vision charter school previously provided an
easement through their property to make this possible. The neighbors to the south have raised concern
with access to what they consider to be a private pathway system. Additional research would be needed
to determine ifthere is public ght-of-way and/or easements conceming the southern Pathway.
Councilor Allgood questioned the lack ofelevation drawings for the development and the number of lots
for the townhomes.
Mr'. Wagoner clarified that each townhome would have individual parcel ownership.
Mr. MacDonald repofied that the common lot (as included on the drawing) is not a buildable lot.
Councilor McGee noted that he was in agreement with refereflcing the accumte City Council StaffReport
(not the City Council Summary Report) for information and the applopliate conditions of approval. The
template for the City Council Summary Repoft is incorrect
ORDER OF DECISION ON CASE NO. ANN22-OOOOOO2 /PUDZ?-OOOOO? ISU822-000006:
I
MOVED by AIlgood, SECONDED Mccee that the caldwel) city council accepts the comprehensive
plan Analysis. Findings of Fact, and conclusions of Law in the staff reoort (page 18 of 32) and public
testimony. Based on the Findings of Fact and the conclusions of Law. the Mayor and city council
hereby orders that Case No. ANNN22-000002. a proposed annexation of 5.43 acres. with a zone
designation of R-l (Low Density Residential), case No. PUD22-000002 and sLJB 22-0000006 with a
preliminary plat for conner crossing, a planned unit residential development is approved with the
conditions of approval listed in the staff report and enumelated in a Development Agreement and also
an additionat condition to include a pedestrian pathway connection between the two subdivisions as
discussed within the public testimony poftion of tonjght's hearing.
Roll call vote. Those voting yes: Allgood, williams, Register, stadick, and McGee. Those voting no:
none. Absent and,/or not voting: Doty.
MOTION CARRIED
MOVED b)' Stadick. SECONDED by Register to close the public hearing'
MO.I'ION CARRIED
(ACTION ITEM: CONSIDER BILL NO' 5 IORDINANCE NO.33991 FOR CASE NO. ANN22-
OOOOOZ WITH A REQUEST TO WATVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
Mayor Wagoner read the ordinance by titl€ only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COLINTY OF CANYON, STATE OF IDAHO, AND THAT
SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO' AS PART OF
THE R-l (LOW DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER
I,EGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL,
CANYON COLINTY. IDAHO; DIRECTTNG THE CITY ENGINEER AND PLANNING AND
ZONINC DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHOI REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS
THEREOF IN CONFLICT HEREWITH; AND DIRECTINC 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 63.2I5.
MOVED by Williams, SECONDED by Allgood to waive the three reading process and consider Bill
No, 5 (Ordinance No. 3399 ) on its first reading by title only.
Roll call vote: Those voting yes: Williams, Allgood, Stadick, McGee" and Register. Those voting no:
none. Absent and/or not voting: Doty.
MoTIoN CARRIED
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MOVED by williams. sECoNDED by Allgood to sponsor Bill No. 5 (ordinance No. 3399), move fol
its passage by title only, and approve the summary for publication.
Roll call vote: Those voting yes: williams, Allgood, stadick, Mccee, and Register. Those voting no:
none. Absent and/or not voting: Doty
MOTION CARRIED
The Mayor called for a five-minute recess
BOOK 63 PAGE 152
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(ACTION ITEM PUBLIC HEARTNG IQUASI-JUDICIALI: CASE NUMBER ANN22-0000006:
A REQUEST FOR ANNEXATION OF APPROXIMATELY I.74 ACRES INCLUSIVE OF
THREE STRIPS OF LAND, PARCELS R340890t0C 10.59 Acl AND R34090010 J1.08 Acl
R34O89OIOB IO.O7 ACI LYING ADJACENT TO MANDALAY RANCH NO. I AND THE MASON
CREEK DRAIN WITH A ZONING DESIGNATION OF "RI " ILOW DENSITY RESIDENTIALI'
THE APPLICANT IS REQUIRED TO EXTEND AND COMPLETE THE MAJOR PATHWAY
AND LANDSCAPING FROM THE CURRENT WEST TERMINATION POINT TO
MIDDLETON ROAD. THE SUBJECT PROPERTIES ARE LOCATED APPROXIMATELY 480
FEET NORTH OF THE INTERSECTION OF MIDDLETON AND HWY 20126 ON THE WEST
SIDE OF MTDDLETON ROAD. THE PLANNING AND ZONING COMMISSION
FORWARDED THIS CASE WITH A RECOMMENDATION OF APPROVAL ON JUNE t4,
2022)
Jerome Mapp. Planning & Zoning Director at 621 Cleveland Boulevard. outlined the contents ofthe staff
report.
Jay Walker. Applicant at 849 E. State Street, spoke in l'avor ofthe request. He noted when the original
annexation request was presented in 2004 with a pathway adjacent to the creek within the easement. The
Bureau of Reclamation denied the application for the pathwa! due to its encroachment into the Mason
Creek Drain.
This annexation request tonight is a clean-up effort. The annexation request includes lhe eight-foot
pathway with a setbick to allow the Bureau of Reclamation access for maintenance issues. The pathway
will exiend along Middleton Road. The request includes a zoning designation of R-l (Single-family
Residential)
In response to questions from Councilor Allgood, Mr. Walker confirmed that the request is only for a
pathway with no structures placed at the site. He noted that they would agree to a no build easement, if
necessary,
MoVED by Stadick, SECONDED by Register to close the Public testimony portion ofthe hearing'
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN22.0000006:
MOVED by Allgood, SECONDED by Mccee the caldwell city council accepts the comprehensive
Analysis. Findings of Fact, and Conclusions of law listed herein and based on the Findings of Fact and
conclusions of Law, the Mayor and city council hereby order that ANN22-000006 a request for
Annexation ofthe Mandalay Pathway, consisting of 1.74 acres (more or less) and three (3) land parcels
R]4O89Ol0C. R34090010. and R34089010B in an R-l (Low Densiry Residential) zone classification
Caldwell, ldaho is approved with the conditions listed in Section l0 ofthe staffreport with no residential
building construction allowed on the subject parcels.
Roll call vote. Those voring yes: Allgood. williams. Register. stadick, and McGee. Those voting no:
none Absent and/or not votingr Doty
MorroN .ARRTED
MOVED by Stadick, SECONDED by Williams to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO' 22 IORDTNANCE NO.3416l FOR CASE NO' ANN22-
OOOOO6 WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING' AND
APPROVE THE SUMMARY FOR PUBLICATION)
Mayor Wagoner read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTICUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON. STATE OF IDAHO' AND THAT
SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CAI,DWELL, IDAHO, AS PART OF
THE R-l (LOW DENSITY RESIDENTIAL) ZONE; DECLARINC SAID LANDS BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL,
CANYON COUNTY. IDAHO: D1RECTINC THE CITY ENCINEER AND PLANNING AND
ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHOI REPEALING ALL ORDINANCES, RESOLUTIONS' ORDERS OR PARTS
THEREOF IN CONFLICT HEREWITH: 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 63.2I5.
MOVED by Allgood, SECoNDED by Stadick to waive the three reading process and consider Bill No.
22 (Ordinance No. 34l6) on its firct reading by title only.
Roll call vote: Those voting yes: Allgood, Stadick, williams. McGee, and Register. Those voting no:
none. Absent andror not voting: Doty.
MOTTON CARRIEI)
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BOOK 63 PAGE 153
MOVED by Allgood. SECONDED by Stadick to sponsor BilJ No. 22 (Ordinance No. 3416), move for
its passage by title only and approve the summary for publication.
Roll call vote: Those voting yes: Allgood. Stadick, McGee. Williams, and Register. Those voting no:
none. Absent and/or not voting: Doty.
MOTION CARRIED
(ACTION ITEM PUBLIC HEARING IQUASI-JUDICIALI: CASE NUMBER VAC-22-01: A
ireursr FoR eARTIAL vACATtoN oF PLAT NorES THAT REFERENcE coMMoN
LOi OWNERSHIP BY THE BUSTNESS OWNERS' ASSOCIATION FOR ALL PHASES AND
REPLATS AS IDENTIFIED HEREIN FOR SKY RANCH BUSINESS CENTER SUBDIVISION.
THE PROPERTIES ARE LOCATED SOUTH OF HWY 20i26 AND ALONG SMEED
PARKWAY, CALDWELL)
Jerome Mapp" planning & Zoning Director at 621 Clevetand Boulevard, outlined the contents ofthe staff
report. He noted that the common lots are currently required to be maintained by the Commercial
Association; however, the subject areas have not been properly maintained and have become a code
enforcement issue for the City of Caldwell. lt has required abatement olthe site for clean-up purposes.
The applicant has requested that the pJat notes be altered legalding the common lots being maintained by
the Commercial Association. The not€s would state that the individual properry'owners are required to
maintain the common areas. Mr. Mapp expressed concern that a potential precedent could be Set with
approval of this request as viewed by other residential and/or commercial owner associations wanting to
disband their associations.
Staffconcems include:
o. The Ciry* of Cala*aell has required common lots for londscaping, bicycle routes pedestrian pathways,
utilitiei, and other seruices for many subdivisions. Allowing subdivisions to choose to vacqte
cotfitnon qreas sets a Ptecedent
b. There is no qssurance that the lqndscapingwill be maintained'
c. If there is an issue regarding landscqping n?aintenqnce or other ode issues, otlr code enforcement
ifficers will ha,,,e a conlract edch propefl), o\,'ner inst3ead ofthe Business/Homeowner Association.
d. Explore the avenues ather lhan vacation.
Councilor Allgood asked ifthe common lots are included within the business owners legal descriptions.
Mr. Mapp responded that the common area(s) are not owned by the business owners'
Councilor Williams inquired ifa business owner can be forced to maintain parcels they do not own.
Mr, Hilty responded that the plat notes must be removed to obligate the business owners with the
responsibility of upkeep and maintenance for the subject areas.
Discussion followed. Reference was made of a residential subdivision with a dissolved Homeowners
Association along Marble Front Road. The common areas were consistently not bejng maintained and
citizen complaints were received by the Code Enforcement D€partment. The rcsidents have now aided
with maintaining the landscaped entrance areas
Katie van vliet, Applicant, sawtooth Law oflce at l10l w. Rive sheet, Boise, spoke in favor ofthe
request. She noted ihat various options have been explored over the years by city staffand legal counsel
to correct the ongoing difTiculties about the upkeep ofthe common lot areas. The follow-up action to
altering the plat notes would be lot-line adjustments made on parcels for the appropriate business owners.
sawtoith Law office is drafting a covenant conceming the upkeep ofthe lots. Each parcel owner would
be responsible to maintain the landscaped areas. She emphasized that there is no reference within the
Caldwell Cit-v Code regarding commercial subdivisions possessing a common lot. The utility easements
would remain in place,
ln response to questions from Councilor Register, Ms. Van Vliet reported that the Commercial
Homeowners Association was onJy established for the purpose oflandscape maintenance. Ifa business
owner's properq/ were vacated, the owner would still be responsible for upkeep ofthe landscaping per an
executed covenant agreement.
In response to questions liom Councilor McGee, Ms. Van Vliet repofted that officers of the business
urro"iiion have spoken with the affected parcel orvners. Each property o\,\,ner is in agreement with the
plan to sign a covenant agreement.
In responSe to questions from Councilor Williams, MS. Van Vliet reported that a vote was conducted.
In response to questions from Councilor Allgood and Councilor Register, Ms. Van Vliet reported that the
ftontage propeity along Huy 20/26 would be resurveyed and lot line adjustments made accoldingly to
the existing iots. The new owners would be obligated by the covenants to maintain the property.
Ms, Van Vliet provided information about the inactivity ofthe business association. She emphasized
that the designated business ou'ners are in agreement with the added responsibility'
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BOOK 63 PAGE I54
Councilor McGee indicated his reluctance to move forward with consideration ofthe request without a
written assurance from the business ownerc,
In rebuttal, Ms. Van Vliet noted that the business owners are not present to provide oral or written
testimony.
Councilor Register asked if the property owners at Sky Ranch were informed ofthe public meeting.
Ms. Van Vtiet responded that the public hearing was properly noticed.
MOVED by Stadick, SECONDED by Register to close the Public lestimony poftion ofthe hearing'
MOTION CARRIED
Kurris Moore.4519 Enterprise Way, signed in favor ofthe tequest. He reported that he has been a
member of the Commercial Business Owners Association for the past fifteen years. He repofied that the
prior president of the association ceased maintenance of the Hwy 20126 parcel since he was of the
underitanding that Idaho Trcnsportation Department had purchased the site. He noted that a meeting was
held last falli202l) and votes were documented to dissolve the business association. All the members
were in favor ofthe plan.
councilor McGee recommended that a document fiom the property owners be provided to assure all
properfy owners are in agreement with the plan. which requires responsibility to maintain the subject
propert-v. He noted that Hwy. 20126 is a gateway entlance to the City ofCaldwell and upkeep ofthe site
is essential-
Mr. Hilty, City Anomey. reported that the plan (as outlined by Ms. Van Vliet) would allow the business
o*n"r. io maintain the-subject property along Hwy. 20126. He noted that covenants may be amended
without Council approval. Mr. Hilty recommend that a document be put in place providing as$lrance to
the Ciry Council members about the business owners being in favor ofthe additional responsibility.
ln response to questions fiom Councilor Allgood, Mr. Moore rePoned that there are six property owners
thar would be impacted by this request. He agleed that signed assurances could be provided for City
Council review.
Tressa Dodge, 13801 Mariposa street, signed in opposition to the request. She stated her concem that
wriften testimony should be required by those involved with the request.
MOVED by McGee, SECONDED by Williams to continue the public hearing to the Regularly
Scheduled city council Meeting to be held on Monday, August 18. 2022 at 6:00 p.m. to allow additional
research by legal counsel concerning signed documentation from the property owners affected by the
request for council's review'
MorroN .ARRTED
(ACTION ITEM: CONSIDER BILL NO. 40 (ORDTNANCE NO. 3434) FOR CASE NO' VAC-22-
OI WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING' AND
APPROVE THE SUMMARY FOR PUBLICATION)
This item was continued by previous motion to the Regularly scheduled city council Meeting to be
held on Monday. Augusr 18, 2022 at 6:00 p.m.
(ACTION ITEM: CONSIDER RESOLUTION NO.261-22 AUTHORIZING THE FORMATION
OF LOCAL IMPROVEMENT DISTRICT IL.I.D.I 22-I AND SET THE PROTEST HEARING
DATE FOR AUGUST 18. 2i22 AT THE RECULARLY SCHEDULED CITY COUNCIL
MEETING AT 6:00 P.M.)
Robb MacDonald, City Engineer at 621 Cleveland Blvd. provided the staffrePort.
(74%) of the property owners have indicated their support of the L.l.D. approval
been provided to the property owners.
Seventy-four percent
A cost estimate has
I
ln response to questions fi,om Councilor Allgood, Mr. MacDonald reported that tlpically the City
requires a 607o participation mte to move forward with an LID request.
MoVEDbyAugood, SECONDED by Stadick to authorize the formation of L.l.D. NO.22-l and setthe
protest heaiing date for August 18. 2022 at the Regularly Scheduled City Council Meeting at 6:00 P.m.
Roll call vote: Those voting yes: Allgood, Stadick, McGee, Williams, and Register. Those voting no:
none Absent and/or not voting: Doty
MorroN .ARRIED
(ACTION ITEM: FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL)
Councilor Williams reported lhat the Finance Comminee has reviewed cunent accounts payable in the
amount of $2,702.765-33 for the period ending July 15,2022, and a net payroll of $539,272.31 fot pay
periods ending July 2. 2022.
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BOOK 63
APPROVED AS
PAGE 155
MOVED by wiliiams, SECONDED by Stadick that accounts payable in the amount of $2,702,'165.33
represented by check numbers 163225 thlough 163549 and palroll in the amount of 5539.222.37
represented by check numbers 37380 through 37463 and direct deposits be accepted. payments approved,
and vouchers filed in the office of the citv Clerk.
MOTIoN CARRIED
(COUNCIL COMMENTS)
Councilor Register reported on the success ofthe Karaoke Night events at Indian Creek Plaza.
Councilor Stadick reported that the HVAC has been repaired at the Caldwell Veterans Memorial Hall.
He expressed appreciation for the donation liom the City of Caldwell to the Caldwell Veterans Council
from the July 4rt Celebmtion event proceeds
Each ofthe Council Members expressed their congmtulation to Planning & Zoning Director Jerome Mapp
conceming his retirement.
In r€sponse to discussion regarding recent public records requests for text message communications by
the cLuncil Members, Mark Hitty reported that an upcoming training session would be provided
concerning this topic.
(MAYOR'S COMMENTS)
Mayor Wagoner expressed his appreciation to Jerome Mapp for serving the City ofCaldwell fol the past
24 years aJthe Hearing Examiner (21 years) and the Planning.& Zoning Director (3 years). Mr. Mapp
expressed his appreciation to the City Council for the opporfunity to serve the communit-v'
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206' SECTION IIIIJI
ion rge puRposE oF CoNSIDERING LABOR coNTRAcr MATTERS AUTHoRIZED
UNDER SECTION 61-234sA 114-206A1[A l AND IBI .
MOVED by Allgood, SECoNDED by Stadick to convene into Executive Session pursuant to Idaho
Code. Section ?a-=206, Subsection (l)(J) for the purpose ofconsidering labor contact matt€rs authorized
under Section 37-245 discussing the acquisition ofor an interest in real property not owned by a public
agency at 9:50 P.m.
Roll call vote. Those voting yes: Allgood, Williams, stadick, Register, and McGee. Those voting no:
none. Absent and/or not voting: Doty.
MoTloN CARRIEII
MOVED by McGee, SECONDED by Register to reconvene into Regular Session'
MOTION CARR]ED
(ADJOURNMENT)
MOVED by Stadick, SECONDED by Register to adjoum at 10:25 p'm'
MOTION CARRIED
T
wll THIS 4'r' DAY OF
Co
Councilor
buncilor
Councilor
ol'
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ATTEST
City Clerk r'&ifft"
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