HomeMy WebLinkAbout2022-10-20 City Council MinutesCITY OF CALDWELL
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CITY COUNCIL WORKSHOP
Thursday, October 20, 2022
5:00 PM
9) DISCUSS MATTERS CONCERNING GOALS, PROCESS, AND PROCEDURES WITH THE
PLANNING & ZONING DEPARTMENT.
2) DESTINATION CALDWELL TO DISCUSS THE DOWNTOWN WAYFINDING & PARKING
SIGNAGE PLAN.
REGULAR CITY COUNCIL MEETING
AGENDA
Thursday, October 20, 2022
6:00 PM
INVOCATION OFFERED BY RICHARD BORK OF THE BIBLE METHODIST CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
a. Update Report: Caldwell Historic Preservation Commission.
b. Update Report: Caldwell Fine Arts (Alison Moulton, Director)
c. Swearing in of the Caldwell Police Department Deputy Chief Shawn Sopoaga and new Patrol Officers:
Dwight Penkey, Nilton Melara, and Moises Montes.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS]
1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all
ordinances.
Page 1 of 3
2. Approve the minutes of the Regularly Scheduled City Council meeting held on October 6, 2022 and the
Special City Council Meetings held on September 20, 2022 and October 4, 2022;
3. Approve Order of Decision for CASE NO: SUB22-000031 for final plat for Cirrus Pointe Sub #6;
4. Approve Order of Decision for CASE NO: SUB22-000019 for final plat for Autumn Ridge East;
5. Approve Order of Decision for CASE NO: SUB22-000033 for final plat for Mandalay Ranch #4;
6. Approve Order of Decision for CASE NO: SUB21-000001 for final plat for Peregrine Estates #5;
7. Approve Order of Decision for CASE NO: SUB22-000036 for preliminary plat for Cedars 3-7;
8. Approve Order of Decision and Development Agreement for CASE NO: ANN22-000007/PUD22-
0000041SUB22-000014 (The Charles);
9. Approve Order of Decision and Development Agreement for CASE NO: ANN22-000006 (Mandalay
Ranch Pathway);
10. Approve request to accept the 2023 City Council Calendar;
11. Approve request to accept the 2023 Caldwell Planning & Zoning Commission & Hearing Examiner
Calendar;
12. Approve Resolution accepting the Temporary Construction Easement from Gerald and Alice Gerier for
construction of a sanitary sewer trunk line along the south side of Hwy. 20/26 between the Noble Drain
and Mason Creek;
13. Approve Resolution accepting an Easement from Horacio Sandoval for frontage improvement across a
portion of property located at 19240 Middleton road;
14. Approve Resolution accepting Dedication of Sewer, Wager, Pressure Irrigation, Storm Drain, and Street
Lights from HDP Mason Creek, LLC for Mason Creek Landing Phase 4;
15. Approve Resolution authorizing the purchase of three new police vehicles from the FY-2022 budget in
the amount of $127,581.00 and two new police vehicles from the FY-2023 budget in the amount of
$85,054.00;
16. Approve Resolution ratifying services from Weck Laboratories, Inc. for analyzing UCMR-5-Unregulated
Contaminant Monitoring Rule Water Samples required by the Environmental Protection Agency in the
amount of $32,550.00 for the Wastewater Treatment Plant;
17. Approve Resolution authorizing the purchase of a semi -automated system for collection of septic water
from Huber Technology in the amount of $687,500.00 for the Wastewater Treatment Plant;
18. Approve Resolution authorizing the purchase of a Microwave Digestion System from Milestone, Inc. in
the amount of $39,475.00 for the Wastewater Treatment Plant;
19. Approve Resolution authorizing acceptance of the ranking requests for proposal respondents for the
Airport Farmhouse area located at the Caldwell Executive Airport;
20. Approve Resolution authorizing the purchase of a Walker T 27-HP Kohler EFI Mower from Smiths
Lawnmower Sales in the amount of $17,238.00 for use by the Parks Department;
21. Approve Resolution authorizing the purchase of a Zamboni Ice Resurface Machine pursuant to Idaho
Code 67-2807 in the amount of $110,000.00;
22. Approve Resolution authorizing the rebuild of two compressors for the ammonia system for the Indian
Creek Ribbon at Indian Creek Plaza by PermaCold in the amount of $21,496.00;
23. Approve Resolution accepting the Engineered Refrigeration Preventive Maintenance Plan for Indian
Creek Plaza from PermaCold Engineering in the amount of $5,223.00 per year;
24. Approve Resolution accepting the Warranty Deed from Horacio Sandoval for future right-of-way
improvements along Middleton Road;
25. Approve Resolution authorizing the execution of the Pioneer Irrigation District Utility License
Agreement: Gravity Sewer Main Crossing the 200 Lateral;
26. Approve Resolution authorizing the execution of the Wireline Crossing Agreement from the Union Pacific
Railroad Company for the UPRR rail line at Ustick Road in the amount of $6,360.00;
27. Approve Resolution authorizing the execution of the LHTAC/Local Agreement Leading Idaho Bridge
Program, Bridge KN26795 (Rose Garden Hill RoadlNotus Canal Bridge Replacement);
28. Approve Resolution revising the Engineering and Public Works "On -Call Policy" previously established
under Resolution No. 285-15;
29. Approve Resolution authorizing the execution of Task Order No. 005 for Wastewater Facilities Plan with
Keller Associates in the amount of $230,678.00;
30. Approve Resolution authorizing the execution of the Dorian Studio Proposal and Contract Agreement for
the Caldwell Recreation Department;
31. Approve Resolution authorizing the execution of the Caldwell BMX Track Use Agreement for the
Caldwell Recreation Department;
32. Approve Resolution authorizing the execution of the Joint Funding Agreement with the United States
Geological Survey in the amount of $32,810.00;
33. Approve Resolution authorizing the execution of a Purchase & Sale Agreement with Horacio Sandoval
for property known as 19240 Middleton Road (Parcel #R3430600000);
34. Approve Resolution authorizing the execution of the Joint Funding Agreement with Treasure Valley
Stormwater Public Education Program in the amount of $18,000 in association with requirements of the
MS4 stormwater permit;
35. Approve Resolution authorizing use of General Fund Contingency in an amount not to exceed $30,000
for the purchase of the LaserFiche Workflow System for use by the City Clerk's Office for processing
licenses and permits;
Page 2 of 3
36. Approve Resolution to set and increase the City of Caldwell's federal funding micro -purchase threshold
up to $50,000 consistent with Idaho Code 67-2803(2) and 2CFR 200.320(a)(1)(iv) and approve Caldwell's
self -certification to do so in accordance with 2 CFR 200.320(a)(1)(iv)(C).
OLD BUSINESS:
1. ACTION ITEM: Public Hearing (Quasi -Judicial): CASE NUMBER: VAC-22-01: (Continued from
T21122, 8118122, 9115122) A Request for partial vacation of plat notes that reference common lot
ownership by the business owners' association for all phases and re -plats as identified herein for Sky
Ranch Business Center Subdivision. The properties are located south of Hwy 20/26 and along Smeed
Parkway, Caldwell, ID. (The applicant has requested this item to be continued to the Regularly
Scheduled City Council Meeting to be held on November 15, 2022).
2. ACTION ITEM: Public Hearing (Quasi -Judicial): CASE NUMBER: SUP22-000004 AMD-22-02:
Continued from 8I18I2022 and 9/15/2022, Nexio Capital is requesting a special use permit for a 72 unit
multi -family development, Celeste Place, on parcel R32764010 west of Celeste Ave., approximately 3.31
acres currently zoned "R3" (High Density Residential). The gross density for the proposed project is 21.8
units per acre. Concurrently the applicant is requesting to amend the existing Development Agreement
applicable to the subject property, Dakota Crossing #3 [ANN-136-06 & SUB/PUD-161P-06] recorded as
instrument #2007025033. The development agreement amendment will provide for
additions/deletions/modifications of conditions specific to the new proposed development plan. The
special use permit was denied by the Planning and Zoning Commission on 6/14/22, however the applicant
is requesting an appeal to be heard by the Caldwell City Council.
3. ACTION ITEM: Public Hearing (Legislative) To consider an optional pass -through fee in the amount
of $225.00 per sheet for plan review, with a minimum fee of $1,000.00 as proposed by the Engineering
Department.
4. ACTION ITEM: Consider Resolution authorizing the optional pass -through fee for plan review by the
Engineering Department effective upon approval.
5. ACTION ITEM: Public Hearing (Legislative) — To consider proposed adjustments to Parks, Fire, and
Police Impact Fees with recommended considerations from the Impact Fee Advisory Committee pursuant
to Idaho Code Section 67-8206.
6. ACTION ITEM: Consider Resolution authorizing approval of the proposed adjustments to the Parks,
Fire, and Police Impact Fees.
7. ACTION ITEM: Public Hearing (Legislative) (Continued from 9-15-2022) — To consider approval of
the Airport Fees and Policy.
8. ACTION ITEM: Consider Resolution No. 318-22 authorizing approval of the proposed Airport Fees
and Policy.
NEW BUSINESS:
1. ACTION ITEM: Mayor's Presentation for Appointment of the Finance Director effective through
January 2024.
2. ACTION ITEM: Public Hearing (Quasi -Judicial): CASE NUMBER: ANN22-000015: A request by
Clay Brown on behalf of Jon S and Evelyn F Fox, for an annexation of parcel R3411200000 (approx. 1.40
acres) with a surrounding zoning designation of Low Density Residential (R1) adjacent to all sides of the
property. The parcel is designated as Low Density Residential (LDR) in the 2040 Comprehensive Plan.
3. ACTION ITEM: Consider Bill No. 46 (Ordinance No. 3440) for Case No. ANN22-000015 (Annexation
request by Clay Brown on behalf of Jon and Evelyn Fox) with a request to move for its passage by title
only and approve the summary for publication.
4. ACTION ITEM: Consider Bill No. 65 (Ordinance No. 3459) repealing Chapter 02, Article 29, Sections
02-29-01 and 02-29-03 of the Caldwell City Code, pertaining to the Senior Citizen's Center Commission
with a request to move for its passage by title only and approve the summary for publication.
5. ACTION ITEM: Consider acceptance of the Finance Report.
6. Council Reports.
7. Mayor's Comments.
8. Adjournment.
Next Regular City Council Meeting is on Tuesday. November 1, 2022 at 6:00 p.m. in the Community
Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to
participate in the meeting should contact the City Clerk at 411 Blaine Street or call #455-4656 prior to the
meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website:. Cualquier
persona que necesita arreglos especiales para participar en la reunion debe comunicarse con el Secretario de
la Ciudad en 411 Blaine Street o fame al # 455 a 4656 antes de la reunion.
Page 3 of 3
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CALDWELL CITY COUNCIL
WORKSHOP
October 20, 2022
5:00 p.m.
Mayor Wagoner opened the workshop at 5:00 p.m. Those present: Allgood, Williams, Doty, Stadick, Register, and
McGee.
(DISCUSS MATTERS CONCERNING GOALS, PROCESS, AND PROCEDURES WITH THE PLANNING &
ZONING DEPARTMENT)
Steve Fultz, Planning & Zoning Director provided a staff organizational chart and handouts concerning components of
the Planning & Zoning Department including samples of flow charts/policy'applications.
Mr. Fultz reported on goals and pending action by staff to assist in making the development process efficient and
professional for the citizens.
• Implementing new processes in order to provide superior, streamlined, and efficient service to our customers (both
internal and external).
• Implementing new processes to eliminate redundancies and utilize staff resources more effectively.
• Creating handouts for each application type to describe the process in detail to customers.
• Created staff land -use application "lead" matrix to help internal and external customers in knowing who to contact.
• Created Case File Routing Sheets to help prepare going to "paperless" case files.
• Working to create more Detailed Application Checklists - Covering requirements for multiple department review.
• Planner Review Checklists to help in training and educating staff.
• Working on updates to our webpages in order to find more information with ease.
• Completing a Standard Staff Report Template to ensure consistency across all Planning Staff and to effectively create
familiarity to board/commissions when reviewing.
• Developing in-house training programs
o Comp Plan Intent
o Code Interpretations
o Land -use Planning Act
c Other State Statues impacting P &
o Code Enforcement Laws
• Indentifyi9ng potential comp plan and zoning code deficiencies and/or barriers that post challenges for city
professional staff in performing their duties, and that create obstacles to the development community.
Mayor Wagoner expressed his appreciation for the presentation.
Councilor McGee noted the complexity of the staff reports and the details presented by developers. He concurred with
the goals presented by Mr. Fultz and emphasized the need for training to be conducted with staff members and commission
members.
Douglas Waterman addressed questions from Councilor Doty regarding the current lack of activity of the Planning &
Zoning Commission.
Mayor Wagoner reported that proper training will take place with the Planning & Zoning Commission by Elizabeth Allen,
(newly hired Senior Planner). He noted that one of the Planning & Zoning Commissioner's term of office is not in
compliance with the Idaho Code. This matter will immediately be addressed.
In response to questions from Councilor Allgood, Mr. Fultz reported that they are looking to start the process for revisions
to the Planning & Zoning Comprehensive Plan in November 2022 with the goal of completion by spring 2023.
(DESTINATION CALDWELL TO DISCUSS THE DOWNTOWN WAYFINDING & PARKING SIGNAGE
PLAN)
Reagan Rossi, Destination Caldwell Chairman of the Board of Directors introduced Chris Danley of Vitruvian
Planning.
Chris Danley, Principal Planner of Vitruvian Planning, 3152 South Bown Way, Boise presented the Downtown
Wayfinding Plan by outlining the contents of a PowerPoint. He noted that implementation steps include 1) Adopt
the Plan; 2) Implement parking signage; 3) Pursue funding in phases or all at once; 4) Work with the City on
Maintenance/License Agreement; 5) Pursue funding for additional street upgrades; 6) Possible place making
ordinance; 7) Consider budget allocation for place making; and 8) Integrate agritourism. 0
The workshop session closed at 5.57 p.m.
CALDWELL CITY COUNCIL
REGULAR MEETING
October 20, 2022
6:00 p.m.
Mayor Wagoner opened the meeting at 6:00 p.m. and welcomed those in attendance.
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Pastor Richard Bork of the Bible Methodist Church provided the invocation. Mayor Wagoner 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: Allgood, Williams, Doty,
Stadick, Register, and McGee.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
a. LI date Report: Caldwell Historic Preservation Commission.
Randy Lyons, Chairman, provided an update report of the Caldwell Historic Preservation Commission. He
provided a brief outline about the activity of the commission and future plans/objectives:
Yearly Goals/Objectives:
• The creation and implementation on a Continuous Caldwell Historical Timeline highlighting significant
structures.
• Continued education of the expectations and guidelines of the CHPD.
• Increased partnership between the CHPC and residents of the Steunenberg Historic District.
• Monthly article in the Caldwell Perspective spotlighting a home in the historic district emphasizing early
residents and architectural style.
Five -Year Plan Objectives:
• Update and add more locations to the Steunenberg Walking Tour guide.
• Place additional signage throughout the Steunenberg Historic District highlighting both locations of
historically prominent early citizens, and homes of architectural significance.
• Steunenberg Historic District Calendar that will have a dual propose. Highlight significant historical and
structural locations
b. Update Report._Caldwell Fine Arts (Alison Moulton, Executive Director)
Ms. Moulton reported that this is the 62"d anniversary of the Caldwell Fine Art. She provided a PowerPoint
showing the various community programs and distributed complimentary tickets for the Council Members for
upcoming performance(s).
c. Swearing in o the Caldwell Police Doartment Deputy Chie Shawn So oa a and new Patrol O tcers: Dwi ht
PenkM Nilton Melara, and Moises Montes
Chief Ingram introduced each of the officers, noting the goals of the department in hiring the four new officers.
Mayor Wagoner provided the Oath of Office and Chief Ingram presented them with their badges.
d. Certificate oiAppreciation: Jim & Sharon Porter
Mayor Wagoner presented a Certificate of Appreciation to Jim & Sharon Porter for their years of service to the
City of Caldwell and Friends of the Caldwell Train Depot:
"In appreciation to Jim & Sharon Porter for serving as members of the Friends of the Caldwell Train
Depot. The Mayor and City Council thank you for your continuous support in preserving the history of
this downtown structure and your involvement with the many programs & outreaches to make the
community a►vare of 1he rich history of Caldwell. During,vour service. you both have provided leadership,
insight and direction to f trther the mission of the Friends of the Depot. "
AUDIENCE PARTICIPATION
Concern regarding safety issues with absentee homeowners with rental homes:
Dr. Victoria Young of Caldwell expressed her concern regarding absentee property owners/landlords within her local
neighborhood. She noted that the renters at one property have had multiple occurrences with Caldwell Police
Department at the site. She noted safety concerns of having such activity within the neighborhood. She inquired if
there is a "good neighbor" policy and if such a policy would be made available for the realtors. She referenced a list
she received when living in other communities of things you could or could not do while renting a residence. A
simple statement included within a rental agreement (provided by the property manager) as well as a point of contact
within the State of Idaho for out-of-state landowners would be of assistance. She requested assistance by City staff
concerning this issue.
Mayor Wagoner recommended that the Planning & Zoning Director, Steve Fultz, follow up with Dr. Young
concerning this matter.
Airport Issues:
Stan Siewert, expressed his appreciation concerning the recent approval by City Council of the name change for the
Caldwell Executive Airport. He also thanked Mayor Wagoner for the availability of the Caldwell Police Department
Community Room for the location of future meetings of the Airport Commission. He stated this location change will
assist with transparency of future meetings. He referenced the survey, which he distributed in April 2022, noting that
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one of the questions dealt with the Airport Commission adding transparency, legitimacy and trust to airport
operations.
Excessive Noise Violations - Kings Lend Night Club at 424 East Elvin Street:
Wesley Pokomey stated that he resides across the street from the King's Legend Night Club, which is located at 424
E. Elgin Street. He reported on the excessive noise associated with the business due to routine weekend concerts at
the site, which typically last until after 1:00 a.m. There is inadequate parking at the site, which causes vehicles to
repeatedly park along the street in front of residences within the immediate area. He reported on illicit acts viewed
from his residence in vehicles parked in front of his home by patrons of the King's Legend Night Club. He requested
that the permit for this business be revoked.
Mr. Pokorney continued by emphasizing that this business is a nuisance to the community. The gatherings are loud
and disruptive to surrounding residences. He referenced the public noise ordinance in Caldwell City Code (Section
07-13-03) mandating an 1 1:00 p.m. curfew on noise. Music continually blares from the building until after 1:00 a.m.
with the front doors wide open. Recently, one of the patrons used a megaphone outside the business to communicate
with the crowd in the parking lot.
Mr. Polomey noted that he has personally contacted the business owner regarding the noise and parking concerns
with no response to resolve the matter. Complaints have been filed with the Caldwell Police Department and the
Caldwell Code Enforcement Department. On October 7, 2022, a call was placed to dispatch at 2:30 p.m. while a
loud gathering at the site was in full operation. Officer Wolfe responded to the call and reported that there is no limit
to noise during normal daylight hours and; therefore, no citation was issued. That party (which rattled the windows
in his residence) continued for an additional five hours. The most recent ident took place on October 14, 2022 at
midnight. Mr. Wolfe again called dispatch and agreed to sign a citation. No police officer responded to the call.
The Mayor reported that a Special Use Permit was issued to the site some years ago. Conditions of Approval with
the Special Use Permit should be reviewed by the Planning & Zoning Director. He requested that Lt. Wright from
Caldwell Police Department follow up with the Mr. Pokorney concerning this matter.
CONSENT CALENDAR:
1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code SSO-902 for all
ordinances.
2. Approve the minutes of the Regularly Scheduled City Council meeting held on October 6, 2022 and the Special
City Council Meetings held on September 20, 2022 and October 4, 2022;
3. Approve Order of Decision for CASE NO: SUB22-000031 for final plat for Cirrus Pointe Sub 96;
4. Approve Order of Decision for CASE NO: SUB22-000019 for final plat for Autumn Ridge East;
5. Approve Order of Decision for CASE NO: SUB22-000033 for final plat for Mandalay Ranch #4;
6. Approve Order of Decision for CASE NO: SUB21-000001 for final plat for Peregrine Estates #5;
7. Approve Order of Decision for CASE NO: SUB22-000036 for preliminary plat for Cedars 3-7;
8. Approve Order of Decision and Development Agreement for CASE NO: ANN22-000007 PUD22-
000004iSUB22-000014 (The Charles);
9. Approve Order of Decision and Development Agreement for CASE NO: ANN22-000006 (Mandalay Ranch
Pathway);
10. Approve request to accept the 2023 City Council Calendar;
11. Approve request to accept the 2023 Caldwell Planning & Zoning Commission & Hearing Examiner Calendar;
12. Approve Resolution No. 358-22 accepting the Temporary Construction Easement from Gerald and Alice Gerier
for construction of a sanitary sewer trunk line along the south side of Hwy. 20/26 between the Noble Drain and
Mason Creek;
13. Approve Resolution No. 359-22 accepting an Easement from Horacio Sandoval for frontage improvement across
a portion of property located at 19240 Middleton road;
14. Approve Resolution No. 360-22 accepting Dedication of Sewer, Wager, Pressure Irrigation, Storm Drain, and
Street Lights from HDP Mason Creek, LLC for Mason Creek Landing Phase 4;
15. Approve Resolution No. 361-22 authorizing the purchase of three new police vehicles from the FY-2022 budget
in the amount of $127,581.00 and two new police vehicles from the FY-2023 budget in the amount of
$85,054.00;
16. Approve Resolution No. 362-22 ratifying services from Weck Laboratories, Inc. for analyzing UCMR-5-
E:nregulated Contaminant Monitoring Rule Water Samples required by the Environmental Protection Agency in
the amount of $32,550.00 for the Wastewater Treatment Plant;
17. Approve Resolution No. 363-22 authorizing the purchase of a semi -automated system for collection of septic
water from Huber Technology in the amount of $687,500.00 for the Wastewater Treatment Plant;
18. Approve Resolution No. 364-22 authorizing the purchase of a Microwave Digestion System from Milestone,
Inc. in the amount of $39,475.00 for the Wastewater Treatment Plant;
19, Approve Resolution No. 365-22 authorizing acceptance of the ranking requests for proposal respondents for the
Airport Farmhouse area located at the Caldwell Executive Airport;
20. Approve Resolution No. 366-22 authorizing the purchase of a Walker T 27-HP Kohler EFI Mower from Smiths
Lawnmower Sales in the amount of $17,239.00 for use by the Parks Department;
21. Approve Resolution No. 367-22 authorizing the purchase of a Zamboni Ice Resurface Machine pursuant to Idaho
Code 67-2807 in the amount of $110,000.00;
22. Approve Resolution No. 368-22 authorizing the rebuild of two compressors for the ammonia system for the
Indian Creek Ribbon at Indian Creek Plaza by PermaCold in the amount of $21,496.00;
23. Approve Resolution No. 369-22 accepting the Engineered Refrigeration Preventive Maintenance Plan for Indian
Creek Plaza from PermaCold Engineering in the amount of $5,223.00 per year;
24. Approve Resolution No. 370-22 accepting the Warranty Deed from Horacio Sandoval for future right-of-way
improvements along Middleton Road;
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25. Approve Resolution No. 371-22 authorizing the execution of the Pioneer Irrigation District Utility License
Agreement: Gravity Sewer Main Crossing the 200 Lateral;
26. Approve Resolution No. 372-22 authorizing the execution of the Wireline Crossing Agreement from the Union
Pacific Railroad Company for the UPRR rail line at Ustick Road in the amount of $6,360.00;
27. Approve Resolution No. 373-22 authorizing the execution of the LHTACG`Local Agreement Leading Idaho
Bridge Program, Bridge KN26795 (Rose Garden Hill Road/Notus Canal Bridge Replacement);
28. Approve Resolution No. 374-22 revising the Engineering and Public Works "On -Call Policy" previously
established under Resolution No. 285-15;
29. Approve Resolution No. 375-22 authorizing the execution of Task Order No. 005 for Wastewater Facilities Plan
with Keller Associates in the amount of $230,678.00;
30. Approve Resolution No. 376-22 authorizing the execution of the Dorian Studio Proposal and Contract
Agreement for the Caldwell Recreation Department;
31. Approve Resolution No. 377-22 authorizing the execution of the Caldwell BMX Track Use Agreement for the
Caldwell Recreation Department;
32, Approve Resolution No. 378-22 authorizing the execution of the Joint Funding Agreement with the United States
Geological Survey in the amount of $32,810.00;
33. Approve Resolution No. 379-22 authorizing the execution of a Purchase & Sale Agreement with Horacio
Sandoval for property known as 19240 Middleton Road (Parcel #R3430600000);
34. Approve Resolution No. 380-22 authorizing the execution of the Joint Funding Agreement with Treasure Valley
Stormwater Public Education Program in the amount of $18,000 in association with requirements of the MS4
stormwater permit;
35. Approve Resolution No. 381-22 authorizing use of General Fund Contingency in an amount not to exceed
$30,000 for the purchase of the LaserFiche Workflow System for use by the City Clerk's Office for processing
licenses and permits;
36. Approve Resolution No. 382-22 to set and increase the City of Caldwell's federal funding micro -purchase
threshold up to $50,000 consistent with Idaho Code 67-2803(2) and 2CFR 200.320(a)(1)(iv) and approve
Caldwell's self -certification to do so in accordance with 2 CFR 200.320(a)(1)(iv)(C).
MOVED by Allgood, SECONDED by Williams to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick, Register, and Williams. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS
(ACTION ITEM: PUBLIC HEARING 1QUAS1-JUDICIALI: CASE NUMBER: VAC-22-01: [CONTINUED
FROM 7/21/22, 8/I8/22, 9/15/221 A REQUEST FOR PARTIAL VACATION OF PLAT NOTES THAT
REFERENCE COMMON LOT OWNERSHIP BY THE BUSINESS OWNERS' ASSOCIATION FOR ALL
PHASES AND RE -PLATS AS IDENTIFIED HEREIN FOR SKY RANCH BUSINESS CENTER
SUBDIVISION. THE PROPERTIES ARE LOCATED SOUTH OF HWY 20126 AND ALONG SMEED
PARKWAY, CALDWELL, ID)
Juli McCoy, Senior Planner at 621 Cleveland Boulevard reported that the applicant had requested this item be
continued to the Regularly Scheduled City Council Meeting to be held on November 15, 2022. She noted that the
applicant indicated that they are working to gather the signatures from the current landowners.
Discussion followed concerning the number of continuances of this request and if the item should be continued or
tabled at this time.
MOVED by McGee, SECONDED by Stadick to continue the item to the Regularly Scheduled City Council Meeting
to be held on November 15, 2022,
DISCUSSION ON THE MOTION: Councilor McGee recommended that the Planning & Zoning Director or City
Attorney contact the applicant regarding the necessity to finalize the matter at the continued public hearing to take
place on November 15, 2022,
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING 1QUAS1-JUDICIAL: CASE NUMBER: SUP22-000004 AMD-22-02:
CONTINUED FROM 8/18/2022 AND 9/15/2022, NEXIO CAPITAL IS REQUESTING A SPECIAL USE
PERMIT FOR A 72 UNIT MULTI -FAMILY DEVELOPMENT, CELESTE PLACE, ON PARCEL
R32764010 WEST OF CELESTE AVE., APPROXIMATELY 3.31 ACRES CURRENTLY ZONED "R3"
(HIGH DENSITY RESIDENTIAL). THE GROSS DENSITY FOR THE PROPOSED PROJECT IS 21.8
UNITS PER ACRE. CONCURRENTLY THE APPLICANT IS REQUESTING TO AMEND THE
EXISTING DEVELOPMENT AGREEMENT APPLICABLE TO THE SUBJECT PROPERTY, DAKOTA
CROSSING #3 JANN-136-06 & SUBIPUD-161P-061 RECORDED AS INSTRUMENT #2007025033. THE
DEVELOPMENT AGREEMENT AMENDMENT WILL PROVIDE FOR ADDITIONS, DELETIONS,
MODIFICATIONS OF CONDITIONS SPECIFIC TO THE NEW PROPOSED DEVELOPMENT PLAN.
THE SPECIAL USE PERMIT WAS DENIED BY THE PLANNING AND ZONING COMMISSION ON
6/14/22, HOWEVER THE APPLICANT IS REQUESTING AN APPEAL TO BE HEARD BY THE
CALDWELL CITY COUNCIL)
The Mayor explained the quasi-judicial process and declared the public hearing open.
BOOK 63
PAGE 220
Juli McCoy, Senior Planner at 621 Cleveland Boulevard noted that the following individuals submitted virtual
registrations and indicated their opposition to the request: Erica Maldonada, Judy Barratt, Juliana Poulton, Christina
Sarla, Erin Davis, Yohena Castro, and Lisa Neyers.
Brent Orton concurred that Christina Sarla had joined the meeting via Zoom. He reported that "Kathryn's 1-Phone"
had initially joined, but has since left the meeting. He noted that he sent text messages to each of the individuals
mentioned by Ms. McCoy, inviting them to provide their name when they joined the meeting. The only confirmed
response was from Christina Sarla.
Ms. McCoy read into the record an email submitted by Erica Maldonada in opposition to the request:
"My name is Erica Maldonado and I live in the Dakota Crossing Subdivision. Nexio Capital is requesting a
special use permit for a 72-unit multi family development, Case Number SUP22-000004 AMD 22-02. This
email is to ask city council member to decline this request.
The Planning and Zoning Commission has already denied the request made by Nexio Capital.
My concerns for building apartments in this area:
• Building so many units in this area is a safety concern for those that already travel the crossroads of Celesta
Avenue and Moss.
• Vallivue School District has now closed enrollment into Lakevue Elementary because it can no longer hold
more students.
• Moss Street and Celeste have not been developed to handle more traffic.
• Irrigation in this area was regularly shut-off this summer. We were told by the irrigation department that
we could not water our yards & gardens every day because of all the new homes.
Thank you for reading my email and I hope the city council members vote to oppose the case request. "
Juli McCoy presented the staff report by outlining the contents of a PowerPoint presentation. She noted that the
parcel is zoned R-3 and designated as High Density Residential on the future land -use map. It is approximately 3.31
acres and the applicant is desirous of constructing a 72-unit multi -family residential development at the site and also
modify the development agreement that is tied to the Dakota Crossing Subdivision.
Ms. McCoy reported that the parcel was originally annexed into the City with the Dakota Crossing Subdivision 93
in 2006. To the south of the property is the Dakota Crossing #2 Subdivision and to the north (across Moss Street) is
the Windsor Creek East #6 Subdivision. The site was located within the City of Caldwell Area of Impact and has
been annexed into the Caldwell with a Nampa address. The parcel is located within the Vallivue School District.
The case was denied by the Planning & Zoning Commission on June 14, 2022.
The applicant is appealing the decision of the Planning & Zoning Commission (SUP22-000004) based on the
following:
• The proposed use is conditionally permitted by the terms of the City Code.
• The project meets all multifamily -specific conditions of the City Code. It does not request any deviations or
variances from City Code, and is specifically designed to minimize impact on the surrounding neighbhorhoods.
• A11 political subdivisions can provide services for the project.
• The project confirms to the City's Comprehensive Plan.
Ms. McCoy concluded by providing options for the City Council to consider regarding the request:
• City Council may approve the applicant's appeal and modification of the development agreement (Instrument
#200616328).
• City Council may confirm the denial of the Planning & Zoning Commission for the special use permit and
development agreement.
• City Council may continue the case, if additional information is requested.
Elizabeth Koeckeritz, Applicant's Attorney from Givens Pursley, spoke in favor of the request. She clarified that
the applicant is not requesting commercial development at the site. It was originally zoned R-3 with a commercial
overlay; however, modifications were recently made to the Caldwell City Code thereby nullifying that condition. The
appeal is asking for approval of the special use permit for a 72-unit multi -family development at the site. She reported
that a traffic impact study was conducted for the property, even though it was not required due to the threshold levels.
She provided a PowerPoint presentation outlining details of the development and the appeal request, noting that the
team has constructed similar developments within the State of Utah.
Ms. Koecheritz reported that multi -family zoning locations are limited within Caldwell and each zone classification
requires a special use permit for multi -family units. The development will assist families with limited income for
affordable housing options. Amenities include a dog park, pickleball court, play area, gazebo, and green space on
1.36 acres or 41% green space. There is a 71-ft. buffer between the single-family residences within the Dakota
Crossing Subdivision and the Celeste Place Subdivision developments. The balconies have been removed from any
units abutting the Dakota Crossing Subdivision. The design aspects of the development were provided by Ms.
Koecheritz.
Ms. Koecheritz addressed pertinent information from the traffic impact study: The development is proposed to
generate 537 daily trips (AM peak hours 34 trips and PM peak hours 32 trips). Once the bridge build out to the west
is complete, it is estimated that only 65%' percent of the trips will travel to Karcher Road. The traffic study
BOOK 63
PAGE 221
recommended no mitigation due to improvements already underway concerning the Karcher Road corridor. ITD did
not provide any comments in opposition to the traffic plan.
Ms. Koecheritz reported that the developer has entered into an agreement with the Vallivue School District to
contribute $500 per door to assist the school district with classroom space. The entire development would generate
eight (8) students based on research from the West Ada School District. She concluded by indicating that the
applicant is in agreement with the terms and recommendations outlined in the staff report. She asked for approval of
the request.
Councilor Register expressed concern regarding the information referencing the low number of school -age children
proposed from the development and the traffic counts for the area. She noted the difference of demographics between
the West Ada School District and the Vallivue School District. She emphasized that the Vallivue School District is
currently at capacity.
Ms. Koeckeritz deferred the traffic study inquiry from Councilor Register to the traffic engineer from Kimley-Hom.
She explained that the student comparison rates were in association with the Meridian School District, noting the
similarity of two school populations.
Councilor Stadick expressed his concern with the outcome of the traffic study and the proposed $500 donation per
door, which will not cover the expense to construct additional classrooms. He recommended duplexes at the site
and not townhome multi -level units.
Justin Christiansen of Nexio Capital at 331 South Grant Street, Mapleton, Utah, signed in favor of the request but did
not provide public testimony.
Anthony Newson, Design Engineer with Kimley-Horn, signed in favor of the request but did not provide public
testimony.
Robert Beckman, Traffic Engineer with Kimley-Horn, spoke in favor of the request. He provided information on
the standard formula used to establish the traffic statistics for Karcher Road. He noted that the traffic study did not
indicate any deterioration of the applicable intersections except for Celeste and Karcher Road. Every other roadway
operated at a minimal service level. ITD will adjust the traffic rates upon completion of the roadway improvements
along Karcher Road.
In response to questions from Councilor Stadick, Mr. Beckman reported that no meetings were conducted with the
residents about potential traffic issues.
Christina Sarla, 16714 Hopper Avenue (Windsor Creek East Subdivision), spoke in opposition to the request via
Zoom. She expressed her concern about parking issues within the area, incompatibility of the development with the
surrounding area, overcrowding issues within the Vallivue Schools, and increase of crime in the neighborhood.
Chad Eggert, 12632 Dimarie Court (Windor Creek Subdivision), spoke in opposition to the request and stated his
concern with his property values being lowed due to the multi -family development, the incompatibility of the
development in comparison of single-family homes within the surrounding neighborhoods, the increase of crime, and
safety issues due to the increase of traffic.
David Rabiola, 12599 Dimarie Court, spoke in opposition to the request and noted concerns dealing with excessive
traffic issues and the lack of parking within the area for multi -family housing units.
Dawn Eggert, 12632 Dimarie Court, spoke in opposition to the request and stated her concerns with the increase of
crime and excessive traffic issues due to the proposed development.
Ann McBride, 12599 Dimarie Court, signed in opposition to the request but did not provide public testimony.
Erica Maldonado, 12588 Algonquin Street, Nampa, signed in opposition to the request but did not provide public
testimony.
Keith Steffenhagen, 101 Smeed Parkway, signed in opposition to the request but did not provide public testimony.
Deborah Lebeck, 12564 Algonquin Street, Nampa, signed in opposition to the request but did not provide public
testimony.
Judy Barrett, 12456 Karcher Road, spoke in opposition to the request and stated her concern about traffic issues,
overcrowding within local schools, and delayed response time for safety services. She noted that there already is an
oversaturation of development within the surrounding area.
Carol Kramer, 12541 Dakota Crossing, Nampa, signed in opposition to the request but did not provide public
testimony.
Jennifer Mouel, 12512 Toketee Street, Nampa, signed in opposition to the request but did not provide public
testimony.
Larry Bell, 12456 Karcher Road, spoke in opposition to the request and stated his concerns regarding the lack of a
secondary access point for fire safety services and oversaturation of developments with apartments.
BOOK 63
PAGE 222
Councilor Stadick reported on the importance for the Planning & Zoning staff to acquire comments from safety
service departments.
In response to questions from Council McGee, Mr. Orton concurred that comments are received from safety services
(Police and Fire). Each development goes through a round table process and the departments
(Building/Fire/Police/Engineering/Planning & Zoning) all review the plans and make appropriate comments for
inclusion into the staff report.
Steve Vetsick, 12535 Dakota Crossing, signed in opposition to the request but did not provide public testimony.
Justin Christianson, 3115 Grant Street, signed in opposition to the request but did not provide public testimony.
Jamie Simmons, 12498 Moss Lane, Nampa, spoke in opposition to the request and provided comments about the
excessive traffic that will be caused by such a development. She noted that the $500 per door contribution for the
Vallivue School District to assist with overcrowding is not adequate. Light pollution will affect the area negatively.
Emergency services will have a delayed response time due to overcrowding within the surrounding area. She
requested denial of the request.
Bruce Winker, 12498 Moss Lane, Nampa, spoke in opposition to the request. He stated that he has been in
communication with Robb MacDonald regarding future traffic plans for the area. He expressed his concern regarding
the incompatibility of the development - multi -family residences being built among single-family homes and an
increase of crime. He requested denial of the request.
In response to questions from Councilor Doty, Mr. Walker he noted that he has had continuous irrigation drainage
problems since the adjoining subdivision was built.
Ann McBride, 12599 Dimarie Court, signed in opposition to the request but did not provide public testimony.
Emily Douglas, 12572 Dakota Crossing, signed in opposition to the request but did not provide public testimony.
Devin Douglas, 12572 Dakota Crossing, signed in opposition to the request but did not provide public testimony.
Dawn Eggert, 12632 Dimarie Court, signed in opposition to the request but did not provide public testimony.
Scott Petersen, 12541 Algonquin Street, Nampa, spoke in opposition to the request. He expressed his concern
regarding traffic accessibility issues from Celeste Avenue and the rise of crime within the neighborhood.
Veronica Petersen, 12541 Algonquin Street, Nampa, signed in opposition to the request but did not provide public
testimony. 0
In rebuttal, Elizabeth Koeckeritz, Applicant's Attorney from Givens Pursley addressed comments made within public
testimony. She noted that a full traffic impact study was conducted and the study followed all of the requirements
of the traffic engineer's manual. The traffic study was conducted by Kim ley Horn and the results were accurate. ITD
has also been consulted regarding traffic issues and their plans for Karcher Road improvements.
She stated that Idaho school districts are currently experiencing funding difficulties due to growth factors. The
Vallivue School District overcrowding has been addressed by a donation from the developer of $500 per door. The
Vallivue School District leadership has acknowledged that the students coming from this development would be
placed within their schools. Since the Vallivue School District could not provide a matrix for development, research
was conducted and the West Ada School District standards were used to establish the estimated student count for the
Celeste Place development.
Ms. Koeckeritz included by noting that the City's safety service departments (police & fire) reviewed the application
and did not provide comments. She noted that the developer is in compliance with the Comprehensive Plan Map.
Councilor Stadick emphasized his concern regarding excessive traffic within the area, regardless of the results of the
traffic study data.
Councilor Register expressed her support of comments received within public testimony by the public about
excessive traffic within the area and the overcrowding of schools. However, she emphasized that residents living in
multi -family housing units cannot be stereo -typed as criminals, drug users, traffic law violators, etc. Apartments are
a viable option for affordable housing. She noted her concern with the standards used for school population from the
development and traffic.
In response to questions from Mayor Wagoner, Ms. Koeckeritz reported that when the Dakota Crossing Subdivision
was annexed (2007), the subject parcel and surrounding area was zoned R-3.
Mr. Orton reported that the property along Karcher Road was intended to be commercial as indicated on the original
plat. There was a subsequent plat, which this parcel and the adjacent parcel zoned R-3, were part of that plat. The
commercial element was to be contained along Karcher and this portion was to be high -density residential in the two
plats drafted for Dakota Crossing.
MOVED by McGee, SECONDED by Register to close the public testimony portion of the hearing.
MOTION CARRIED
BOOK 63 PAGE 223
EVIDENCE LIST FOR CASE NO. SUP22-000004/AMD-22-02:
L Staff Report and presentation documents
2. Summary Report from Planning & Zoning staff"
3. Sign-up sheets and the virtual registration sheet
9. PowerPoint presentation from the Senior Planner Juli McCoy
S. PowerPoint presentation from the Applicant's Representative Elizabeth Koeckeritz.
COMMENTS FROM COUNCIL MEMBERS CONCERNING THE REQUEST:
In response to questions from Councilor McGee, Mayor Wagoner reported that appeals to land -use determinations
are unusual.
Councilor Williams inquired why there was a need for the Special Use Permit.
Doug Waterman, City Attorney at 1303 South 12' Road, responded that the applicant sought the Special Use Permit
due to the request for a multi -family development within the R-3 zone.
Ms. McCoy provided a listing of allowed uses within the Caldwell City Code for R-3 zoning development requests.
Councilor Allgood noted his concern with the lack of infrastructure at the site to support this development. The
development is well designed; however, there are incomplete factors such as the completion of Moss Lane and the
bridge. It would be best if a person could travel to Midway or Lake Avenue, thus providing additional access points
beyond Celeste Avenue alone.
ORDER OF DECISION ON CASE NO. SUP22-000004/AMD-22-02:
MOVED by Stadick, SECONDED by Doty for denial of the request thereby upholding the decision by the Planning
& Zoning to deny the Special Use Permit.
Roll call vote. Those voting yes: Stadick, Register, McGee, Allgood, Williams, and Doty. Those voting no: none.
Absent and/or not voting: none.
MOVED by Stadick, SECONDED by Register to close the public hearing.
MOTION CARRIED
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING (LEGISLATIVE) — TO CONSIDER AN OPTIONAL PASS -
THROUGH FEE IN THE AMOUNT OF $225.00 PER SHEET FOR PLAN REVIEW, WITH A MINIMUM
FEE OF $1,000.00 AS PROPOSED BY THE ENGINEERING DEPARTMENT)
Brent Orton, Public Works Director at 621 Cleveland Blvd., presented the staff report. He explained that the pass
through fee is voluntary/optional by a developer desirous of expediting the plan review process by outsourcing this
service on a case -by -case basis. This option would be of assistance to the Engineering Department staff.
The Mayor clarified that this is a voluntary option for plan review services by a developer.
MOVED by Doty, SECONDED by McGee to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTION NO. 383-22 AUTHORIZING THE OPTIONAL PASS -
THROUGH FEE FOR PLAN REVIEW BY THE ENGINEERING DEPARTMENT EFFECTIVE UPON
APPROVAL)
MOVED by Doty, SECONDED by Williams to approve Resolution No. 383-22 as printed.
Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING (LEGISLATIVE) — TO CONSIDER PROPOSED ADJUSTMENTS
TO PARKS, FIRE, AND POLICE IMPACT FEES WITH RECOMMENDED CONSIDERATIONS FROM
THE IMPACT FEE ADVISORY COMMITTEE PURSUANT TO IDAHO CODE SECTION 67-8206)
Brent Orton, Public Works Director at 621 Cleveland Blvd., presented the staff report by outlining the contents of
the resolution.
[ 2021 Adopted impact Fees I Proposed 2022 Impact Fees
Parks
Imp Fee
Units
Parks
Imp Fee
Units
Residential
$ 1,364.67
/Unit
Residential
$ 2,006.94
/Unit
Fire
Fire
Residential
$ 744.26
/Unit
Residential
$ 1,006.39
/Unit
Non -Residential
$ 0.37
/ft2
Non -Residential
$ 0.50
/ftz
Police
Police
BOOK 63
PAGE 224
Residential $ 111.24 /Unit
Non -Residential $ 0.06 /ft2
Total Impact Fee
Residential
Non -Residential
$ 2,220.17 /Unit
0.42
Residential $ 173.01 /Unit
Non -Residential $ 0.09 /ftZ
Total Impact Fee
Residential $ 3,186.34 /Unit
Non -Residential $ 0.59 /ftZ
Rob Pilote, Chairman of the Impact Fee Advisory Committee, signed in support of the request and reported that he
has been involved with the committee since 2007. He encouraged City Council not to compare the proposed fees to
the City of Nampa since the research process conducted by the committee was extensive and accurate.
Mr. Pilote continued by reporting that the National Association of Home Builders recently conducted a study and
determined that for every dollar charged for impact fees, it adds $1.20 to a new construction residence. He noted that
the construction business is heavily based on commission and finance, so by the time interest is paid on the subject
dollar (from permitting to closing), $1.20 has been financed. For every $833 added to a home in fees, it equates to a
$1,000 increment increase to the home. The Boise Metro Area just completed a study based on the median income
of existing residents in the Treasure Valley. For every $1,000 increase, 277 individuals are disqualified to purchase
a home. He acknowledged that growth must pay its way; however, he expressed concern about the elimination factor
of first-time homebuyers in Caldwell due to the additional required fees.
Councilor Stadick stated his support of the recommendation brought forward by the Impact Fee Advisory Committee.
He encouraged the Impact Fee Advisory Committee to meet on a regular basis for a periodic review of the fees.
The Mayor reported that no one else signed up to provide public testimony.
MOVED to Stadick, SECONDED by Register to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTION NO. 384-22 AUTHORIZING APPROVAL OF THE
PROPOSED ADJUSTMENTS TO THE PARKS, FIRE, AND POLICE IMPACT FEES)
The Mayor read the Resolution into the record:
WHEREAS THE ASSESSMENT OF IMPACT FEES FOR TAX SUPPORTED SERVICES ARE AUTHORIZED
UNDER IDAHO CODE 67-58 AND WHEREAS IT IS THE INTENTION OF IMPACT FEES TO PROTECT
EXISTING TAX PAYERS FROM SUBSIDIZING THE COSTS ASSOCIATED WITH ADDING CAPITAL
INFRASTRUCTURE FOR TAX SUPPORTED ENTITIES RELATED TO NEW GROWTH; AND WHEREAS
SUCH IMPACT FEES ARE INTENDED TO PERPETUATE THE SAME LEVEL OF SERVICE MAINTAINED
BY EXISTING CITIZENS NOTWITHSTANDING NEW GROWTH; AND WHEREAS THE CALDWELL
IMPACT FEE ADVISORY COMMITTEE HAS PROVIDED A TWO -TIERED RECOMMENDATION TO THE
COUNCIL.
MOVED by Register, SECONDED by Stadick to approve Resolution No. 384-22 as printed.
Roll call vote: Those voting yes: Register, McGee, Allgood, Williams, Doty, and Stadick. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING (LEGISLATIVE) (CONTINUED FROM 9-15-2022) — TO
CONSIDER APPROVAL OF THE AIRPORT FEES AND POLICY)
Brent Orton, Public Works Director at 621 Cleveland Blvd., presented the staff report. He provided a handout
regarding the airport lease fee calculations and outlined its content:
The proposed Fiscal Year 2023 budget includes cost increases in the Airport Fund Increases for usage fees and
rates for new airport leases are based either on the cost to provide the services (balanced budget approach)
without subsidy. Supporting information is attached A brief explanation of each fee changeover 5% of that
previously charged follows:
The proposed resolution maintains the present fee structure with the exception of eliminating the daily tie -down
rate. The Resolution reinforces the policy that transfers of hangars must include entry into the current standard
lease document. The Resolution, if approver, would.•
1. Incorporate a significant fee increase from 22.7 cents per square foot per year to 42 cents per square foot per
year. This change is in accordance with budget discussions and the need for fees to be computed based on the
expenses to operate the airport and match Airport Improvement Program and other applicable grants. This rate
increase moves toward that target.
Council requested the comparable City of Nampa Lease Rate: City of Nampa has just adopted an analogous land
lease rate of 32.5 cents per square foot per year.
The Average lease size at the Caldwell Executive Airport is around 5,500 square feet. Were Caldwell 's proposed
rate adopted it would increase the cost of such a lease from $1,248.5,ear_ to $2,310/year (leases are paid
0
BOOK 63
PAGE 225
annually, typically, but this equates to 192.50/mo). Lease rates for similar airports to Caldwell are included in
the supporting data after the resolution.
2. The fee resolution increases the Monthly tie -down rate from $21.396 to $45.00 per month. The resolution also
clarifies eligibility for tie -downs to include aircraft that are flyable and registered or active in the process of
becoming so. At times Caldwell Executive Airport Businesses stage aircraft on the tie -downs that they are
servicing, repairing, unfitting, etc. that would fall into the `actively becoming so' category.
3. The market non -aeronautical rate includes a significant increase to align with market rates in the area in
accordance with the Airport's Grant Assurances. This relies on input from the City of Nampa's and the City of
Caldwell 's Economic Development Teams and their exposure to trending warehouselindustrial rates that might
be analogous to authorized non -aeronautical uses at the airport (Interim and temporary uses as approved by the
Federal Aviation Administration, Helena District ice).
MOVED by Doty, SECONDED by McGee to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTION NO. 318-22 AUTHORIZING APPROVAL OF THE
PROPOSED AIRPORT FEES AND POLICY)
In response to questions from Mayor Wagoner, Mr. Orton reported that the average hangar size is 5,000 aq. ft.
Mr. Orton reported that the resolution addresses a policy change requiring when a hangar is sold (including the sale
of the entity owning the hangar being sold to a new user) the new owner shall be required to enter into a new standard
lease in accordance with the annual rate established by City Council.
in response to questions from Councilor Allgood, Mr. Waterman reported that there are policies in place to govern
the "extended period of time" regarding the tie -down delinquency.
Discussion was held regarding the existing legacy lease rate in comparison with the standard airport lease rate.
Councilor Allgood expressed his concern with the amount of taxpayer dollars going to subsidize airport operations
due to the various in lease rates.
Mr. Orton emphasized that all airport leases must be in compliance with federal law, City ordinances and Idaho State
Statute. The FAA provided detailed standards for such documents. He also commented on the current practice for
visitors to the airporton a short-term basis not paying the tie -down fee due to lack of manpower to mark tires at the
airport site. However, if an aircraft is there for a short-term period but is onsite during the time of inspection the
owner would be charged the monthly fee.
Councilor Doty suggested that an honor system be enforced such as a payment box at the runway site.
Mr. Orton recommended (for the sake of convenience to the pilots) that possibly an airport mobile application
software be created to provide an option for payment by pilots regarding such overnight stays.
Councilor Register asked if additional research could be conducted on a method to convert the legacy -rate leases to
the council -rate lease rate.
Mr. Orton suggested approval of the new policy regarding new leases in accordance to the ownership change would
assist with this matter.
Discussion followed regarding the contents of the tease rate spreadsheet has provided by Mr. Orton.
Councilor Stadick asked that the information presented tonight should be made available at the Airport Commission
members at their next meeting. He recommended that the item be continued until legal research is conducted. He
expressed his opposition to further construction of "executive" hangars at the airport and recommended that staff
promote the construction of "T" hangars at the site.
Brent Orton provided clarification of the requested research elemens:
1) Legal review: Is it appropriate with FAA to charge a different "erent lease rate for aviation business?
2) Legal review: Can the legacy leases be terminated and replaced with the standard leases through a City Code
amendment?
Brent Orton reported that the previous lease -rate calculations have been viewed by the Airport Commission, but they
have not viewed the recent calculations presented to City Council tonight. In response to comments from Councilor
Stadick regarding the allowed type of hangars, he noted that the Airport Master Plan is a guide for such matters.
Councilor Williams recommended that the Airport Resolution not be delayed.
MOVED by Register, SECONDED by Stadick to continue approval of the airport fee resolution to the Regularly
City Council Meeting to be held on November 15, 2022 to allow staff to further review and research comments made
tonight concerning this matter.
MOTION CARRIED
BOOK 63
PAGE 226
NEW BUSINESS
(ACTION ITEM: MAYOR'S PRESENTATION FOR APPOINTMENT OF THE FINANCE DIRECTOR
EFFECTIVE THROUGH JANUARY 2024)
Mayor Wagoner presented the name of Raelynn North for appointment as the Finance Director effective January 2,
2023 through January 2024. He reported that interviews were conducted with the top three candidates for the position
by Councilor Doty, Councilor Register, Rachelle Castleberry, and Debbie Geyer.
MOVED by McGee, SECONDED by Doty to accept the appointment of Raelynn North as the Finance Director for
a term through January 2024.
Roll call vote: Those voting yes: McGee, Allgood, Williams, Stadick, Register, and Williams. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
The Mayor acknowledged Ms. North who was in attendance.
(ACTION ITEM: PUBLIC HEARING 1QUASI-JUDICIALI: CASE NUMBER: ANN22-000015: A
REQUEST BY CLAY BROWN ON BEHALF OF JON S AND EVELYN F FOX, FOR AN ANNEXATION
OF PARCEL R3411200000 (APPROX. 1.40 ACRES) WITH A SURROUNDING ZONING DESIGNATION
OF LOW DENSITY RESIDENTIAL (R1) ADJACENT TO ALL SIDES OF THE PROPERTY. THE
PARCEL IS DESIGNATED AS LOW DENSITY RESIDENTIAL (LDR) IN THE 2040 COMPREHENSIVE
PLAN)
The Mayor declared the public hearing open.
Juli McCoy, Senior Planner at 621 Cleveland Boulevard provided the staff report by outlining the contents of the
staff report. She noted that there was an error in the staff report on page 4, Section 9, Items 9.3 thru 9.6 should have
been removed. Those conditions were intended for another land -use case and, therefore; do not apply to ANN22-
000015. The purpose of the annexation request of the subject parcel is to combine the site with the surrounding 36
acres. A future land division is planned for the site.
Brent Orton provided a history of the development of Bishop Ranch Subdivision and an agreement with the owner
of the parcel at that time of approval for annexation of the surrounding parcels.
Clay Brown, 20616 Antrim Drive, Greenleaf, signed as neutral to the request. He questioned the condition of
approval referencing dedication of right-of-way associated with Ward Lane.
Mr. Orton reported that he had consulted City Engineer Robb MacDonald regarding the conditional of approval. Mr.
MacDonald had concurred that the subject conditional of approval was inappropriate for the annexation request and
should be removed from the staff report.
MOVED by McGee, SECONDED by Register to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN22-000015:
• Staff Report and presentation documents
• Sign-up sheets
ORDER OF DECISION ON CASE NO. ANN22-000015:
MOVED by Allgood, SECONDED by Register based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case Number ANN22-000015 a request to annex 1.40 acres, more or less, with a R-
1 (Low Density Residential) zoning parcel R341 1200000 (1.4 acres), is approved with the conditions of approval.
Roll call vote. Those voting yes: Allgood, Williams, Register, Doty, Stadick, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOVED by Stadick, SECONDED by Register to close the public hearing.
MOTION CARRIED
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 46 JORDINANCE NO. 34401 FOR CASE NO. ANN22-000015
JANNEXATION REQUEST BY CLAY BROWN ON BEHALF OF JON AND EVELYN FOXI WITH A
REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR
PUBLICATION) 0
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS 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 CALDWELL, IDAHO, AS PART OF THE R-1 (LOW DENSITY
RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE
CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE
OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK
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PAGE 227
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 63-215.
MOVED by McGee, SECONDED by Register to sponsor Bill No. 46 (Ordinance No. 3440) and move for its passage
by title only and approve the summary for publication.
Roll call vote: Those voting yes: McGee, Allgood, Williams, Doty, Stadick, and Register. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 65 (ORDINANCE NO. 3459) REPEALING CHAPTER 02,
ARTICLE 29, SECTIONS 02-29-01 AND 02-29-03 OF THE CALDWELL CITY CODE, PERTAINING TO
THE SENIOR CITIZEN'S CENTER COMMISSION WITH A REQUES T TO MOVE FOR ITS PASSAGE
BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION)
Debbie Geyer, City Clerk, provided the staff report explaining the purpose of the text amendment to dissolve the
inactive commission.
The Mayor read the ordinance by title only.
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING CHAPTER 02, ARTICLE
29, SECTIONS 02-29-01 AND 02-29-03 OF THE CALDWELL CITY CODE, PERTAINING TO THE SENIOR
CITIZEN'S CENTER COMMISSION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS
THEREOF, IN CONFLICT HEREWITH.
MOVED by Allgood, SECONDED by Stadick to sponsor Bill No. 65 (Ordinance No. 3459) and move for its passage
by title only and approve the summary for publication.
Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick, Register, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(ACTION ITEM: FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL)
Councilor Williams reported that the Finance Committee has reviewed current accounts payable in the amount of
$2,309,421.05 for the period ending October 14, 2022, and a net payroll of $526,415.51 far pay period ending October
8, 2022 and September 24, 2022.
MOVED by Williams, SECONDED by Stadick that accounts payable in the amount of $2,309,4212.05 represented
by check numbers 165237 through 165560 and payroll in the amount of $526,415.51 represented by check numbers
37639 through 37726 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City
Clerk.
(COUNCIL COMMENTS)
MOTION CARRIED
Councilor Williams requested that a workshop be scheduled concerning overtime pay involving FSLA issues.
Councilor Stadick expressed appreciation on behalf of the veterans for presentation of the check by Mayor Wagoner
to the Caldwell Veteran's Council in the amount of approximately $42,800 from the fundraiser organized by the
Mayor's Office staff at the July 41 Celebration. He also noted that he has participated in the interviews for the new
Destination Caldwell CEO position this past week.
(MAYOR'S COMMENTS)
The Mayor announced that a City-wide job fair is being planned for November 16t' at O'Connor Field House from
3:00 pm to 7:00 pm.
(ADJOURNMENT)
MOVED by Stadick, SECONDED by McGee to adjourn at 11.00 p.m.
MOTION CARRIED
BOOK 63
PAGE 228
APPROVED AS written TM lei DAY OF November 2022.
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