HomeMy WebLinkAbout2016-04-18 City Council MinutesAGENDA
REGULAR CITY COUNCIL MEETING
APRIL 18, 2016
7:00 P.M.
INVOCATION OFFERED BY PASTOR JAMES BERGLUND OF THE CALDWELL SEVENTH
DAY ADVENTIST CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
A. Employee ref the Month for March 2016.
B. Special Presentation from Republic Services concerning the Mayor's Youth Advisory Council
and the Caldwell Saves P Program.
C. Proclamation: vision Charter School — First Tech Challenge.
D. Update Report from the Indian Creek Plaza Committee.
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
l . Approve acceptance of the minutes of the Regular City Council Meeting held on April 4, 2016;
the Caldwell Industrial Airport Commission Meeting held on April 7, 2016; the Caldwell
Housing Authority Meetings held on September H, 2015, December 18, 2015 and April 4, 2015;
and the Caldwell Hearing Examiner Meetings held on March 8, 2016 and March 15, 2016;
2. Approve request from the City Clerk for a change in ownership concerning the Alcohol Beverage
License for Taqueria Janitzio located at 313 South Kimball Avenue;
3. Approve Resolution ratifying action by the Caldwell City Council on June 3, 1946 declaring the
need for and creation of the Caldwell Housing Authority;
4. Approve Resolution appropriating funds for plumbing and miscellaneous improvements at the
Caldwell Municipal Pool;
5. Approve Resolution authorizing the execution of a Memorandum of Understanding with
Treasure Valley Clean Cities Coalition regarding community bicycle routes;
6. Approve Resolution accepting Quitclaim Deed from Idaho Transportation Department for future
right-of-way development of Chicago Street;
7. Approve Resolution accepting the dedication of sewer main, water main, and certain storm drain
conveyance from TC Property Management for right-of-way in the Canyon Springs RV Resort;
8. Approve Resolution accepting the dedication of water main facilities from J. Finley Enterprises
LLC for right-of-way located at Scott Fulcher Trucking;
9. Approve Resolution accepting a Quitclaim Deed from Iron Creek Investment LLC for right-of-
way along property frontage at 3409 E. Linden Street;
10. Approve Resolution accepting a Right -of -Way Purchase Agreement with Caldwell Ashton Place
Association for the purpose of constructing the Lake Avenue & Ustick Road roundabout;
11. Approve Resolution accepting the Right -of -Way Purchase Agreement with Centennial Baptist
Ch Inc. for the purpose of constructing the Lake Avenue & Ustick Road roundabout;
12. Approve Resolution accepting the Right -of -Way Purchase Agreement with KDS Landing LLC
for the purpose of constructing the Lake Avenue & Ustick Road roundabout;
13. Approve Resolution accepting the Quitclaim Deed from Ashton Place Association for the
purpose of constructing the Lake Avenue & Ustick Road roundabout;
14. Approve Resolution accepting the Quitclaim Deed from Centennial Baptist CH Inc. for the
purpose of constructing the Lake Avenue & Ustick Road roundabout;
15. Approve Resolution accepting the Quitclaim Deed from KDS Landing LLC for the purpose of
constructing the Lake Avenue & Ustick Road roundabout;
16. Approve Resolution accepting the Warranty Deed from Jeffrey Jenson to facilitate the relocation
of a sewer main line at the northeast corner of the 10`" Avenue overpass and Main Street;
17. Approve Resolution accepting the Dedication of sewer facilities from the Idaho Conference of
Seventh-Day Adventists, Inc. for Gem State Academy;
18. Approve Resolution accepting an Easement from the Idaho Conference of Seventh-Day
Adventists, Inc. for a sewer main across a portion of their property;
19. Approve Resolution authorizing the execution of a Reimbursement Agreement with the Idaho
Conference of Seventh-Day Adventists. Inc. for costs associated with the construction of the
Montana Avenue Sewer Trunk Line Project;
20. Approve Resolution authorizing assistance by the City of Caldwell concerning the
relocatione"removal of the A -Drain. Canyon Hill Lateral, and Slipstream Way associated with
"Project Fresh";
Page 1 of 2
21. Approve Resolution authorizing the acceptance of the assessment roll for L.I.D. 12-1 and set the
Protest Hearing for May 16, 2016 at 7:00 p.m. during the Regularly Scheduled City Council
Meeting;
22. Approve Resolution authorizing ranking of design consultants for the Indian Creek Plaza, the
permitting staff and the Indian Creek Design Selection Committee to begin contract negotiations
beginning with the highest ranked firm;
23. Approve Resolution ratifying and accepting the installation of an automatic transfer switch at the
O'Connor Field House (Caldwell's designated Red Cross Shelter) by a Homeland Security Grant
for the purpose of preparing the Field House for power function during an emergency;
24. Approve Resolution accepting the Warranty Deed from Gary and Dana Vance for property
located at 21" Avenue (Parcel #R35368014) for the purpose of future expansion of the Caldwell
Event Center;
25. Approve Resolution authorizing a cost share with the Idaho Fish & Game in the amount of
$10,000 for improvement of the docks located at Rotary Pond;
26. Approve the Order of Decision for Case No. ZON-15-07.:ANN-15-06 (East Caldwell
Annexation);
27. Approve Resolution authorizing updates within the Employee Personnel Manual;
28. Approve Resolution authorizing the execution of an Agreement with Resource Consultants for
the Community Development Block Grant Consolidated Plan and Year One (1) Action Plan.
OLD BUSINESS:
l . Consider the third and final reading: Bill No. 20 (Ordinance No. 3046) to expand the geographic
area covered by Chapter 8, Article 1, Section 08-01-29 to prohibit smoking at the entire area
commonly referred to as the Caldwell Events Center.
2. Consider update report from City staff concerning the request from Jessie and Aaron Horsewood
for the construction of a patio at the vineyard location along Indian Creek at Kimball Avenue.
NEW BUSINESS:
l . Public Hearing (Quasi -Judicial) Case No. ANN-16-01: A request by David Adams to annex 0.49
acres, more or less, with an R-1 (Low Density Residential) zoning designation. The subject
property is located at 204 Albert Street in Caldwell, Idaho.
2. Consider Bill No. 9 (Ordinance No. 3035) for Case No. ANN-]6-01 (Dave Adams Annexation)
with a request to waive the rules, pass on the first reading, and approve the summary for
publication.
3. Public Hearing (Quasi -Judicial) Case No. ANN-16-02. A request by Claudia Stoica to annex 0.71
acres, more or less, with an R-1 (Low Density Residential) zoning designation. The subject
property is located at 16500 Montana Avenue in Caldwell, Idaho.
4. Consider Bill No. 15 (Ordinance No. 3041) for Case No. ANN-16-02 (Stoica Rezone) with a
request to waive the rules, pass on the first reading, and approve the summary for publication.
5. Consider update report from the City Finance Director concerning City of Caldwell Impact Fees.
6. Finance Report.
7. Council Reports.
8. Mayor's Comments.
9. Executive Session pursuant to Idaho Code. Section 74-206, Subsection (f) for the purpose of
discussing pending litigation or where there is a general public awareness of probable litigation.
10. Adjourn.
Next Regular City Council Meeting is on Monday, May 2, 2016 at 7:00 p.m, in the Community
Room at the Caldwell Police Station at 1 10 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:
www.citvofealdwell.com. Cualquier persona que necesita arreglos especiales para participar en la
reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o Ilame al # 455 a 4656
antes de la reunion.
Page 2 of 2
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REGULAR MEETING
April 18, 2016
7:00 P.M.
Mayor Nancolas opened the meeting at 7.00 p.m. and welcomed those in attendance.
Elder Herb Stratton from the Caldwell Seventh Day Adventist Church provided the invocation. Caleb Shell, 802
Sunnydale of Boy Scout Troop No. 802, led the audience in the Pledge of Allegiance to the Flag.
The Roil of the City Council was called by the City Clerk with the following members present: Callsen, Pollard,
Stadick, Ozuna, and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Employee of the Month for March 2016.
Chris Bryant from the City of Caldwell Building Department was recognized as Employee of the
Month. The Mayor read a letter of recommendation from staff member Jarom Wagoner. Mr. Bryant
was presented with a plaque and gift certificate. He expressed his appreciation to City Council For this
B. Special Presenlation from Republic Services concerning the Mayor's Youth Advisory Council and the
Caldwell Saves I'' Program:
Rachel le Klein of Republic Services, 1 1 101 W. Executive Drive, Boise reported that a compression
tax credit refund was received in association with the City of Caldwell's support in converting their
fleet to natural gas. She reported that Caldwell's portion of the refund amounted to $1 1,549.00 to be
split between the Caldwell Saves I" Program and the Mayor's Youth Advisory Council for programs
and investments for the youth of this community. She noted that the tax credit refund is also
applicable for 2016 so a similar check will be forthcoming in January 2017.
Ms. Klein stated that she submitted the grant application with the Treasure Valley Clean Cities
Coalition on behalf of the City of Caldwell. An award of $4,000 for bike lane improvements was
granted to the City of Caldwell. The funds will be used for restriping old bike lanes and installing new
signs for safer travel of youth on bikes.
Mayor Nancolas expressed his appreciation on behalf of the City Council for the strong partnership
with Republic Services. He noted that Republic Service's support of various youth initiatives within
the City of Caldwell has been exceptional.
Ashley Doser, Vice -Chair of the Mayor's Youth Advisory Council expressed her appreciation for the
contribution and support.
C. Proclamation. Vision Charter School - First Tech Challenge:
Members of the FIRST Tech Challenge provided information about the program and their recent awards
and recognitions received through competitive events.
Mayor Nancolas read the following proclamation:
FIRST
(For Inspiration and Recognition of Science and Technology)
WHEREAS, FIRST Tech Challenge is a student -centered program that uses real world technology and
programming to give students a unique and stimulating Science, Technology, engineering and
Mathematics (STEM) learning experience; and
WHEREAS, FTC allows students ages 12 to 18 to work hand -in -hand with technical professional to
develop a solution to the annual challenges; and
WHEREAS, students who participate in FIRST use and reflect Gracious Professionalism, get real -
world application of STEM concepts and participate in an atmosphere that encourages team building,
entrepreneurship and sportsmanship that they take back to their communities.
WHEREAS, Vision Charter School's FIRST Tech Challenge Team 2997 exists to promote all of the
ideals of FIRST and celebrate Science, Technology, Engineering and Mathematics in Caldwell, ID.
NOW, THEREFORE, 1, Garret L. Nancolas, Mayor of the City of Caldwell, do hereby proclaim
Monday, April 18`h as FIRST DAY in the City of Caldwell and urge citizens to encourage young people to be science and technology leaders in our community.
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D. Proclamation: Family Meal Week:
PROCLAMATION
Family MEAL Week
WHEREAS, the Alcohol and Drug Abuse Prevention Team, better known as ADAPT, along with other
local organizations, in conjunction with the City of Caldwell are celebrating Family MEAL Week
from April 17-23, 2016; and
WHEREAS, these organizations are working to decrease substance abuse in Caldwell by encouraging
families to sit down and eat a meal together, which is shown to develop good habits and decrease the
opportunity for substance use among youth; and
WHEREAS, the National Council on Alcoholism and Drug Dependence (NCADD) states that a
supportive family environment is associated with lowering rates of alcohol use among youth; and
WHEREAS, children who have conversations with their parents and learn a lot about the dangers of
alcohol and drugs use are 50% less likely to use alcohol and drugs than those who don't have such
conversations; and
WHEREAS, families are encouraged to visit local restaurants during Family MEAL Week to enjoy
discounted meals and a productive discussion; and
NOW, THEREFORE, 1, Garret L. Nancolas, Mayor of Caldwell, Idaho, join ADAPT and do hereby
proclaim the week of April 17-23, 2016, as Family MEAL Week in Caldwell, Idaho. In addition, l call
upon our local residents to sit down and eat a meal together, with their family to bond have meaningful
conversations to prevent substance use. Through these efforts, we can prevent substance use and keep our
community healthy and safe.
E. Update Report from the Indian Creek Plaza Committee:
Kelli Jenkins, 16091 Orchard Avenue, provided an up-to-date report from the Indian Creek Plaza
Committee. She provided information concerning the RFQ team and their current process for the plaza
design, the Business Improvement District team, web design for Destination Caldwell, and a business
plan for the plaza.
In response to questions from Councilman Stadick, Ms. Jenkins stated that a proposed cost for the
Business Improvement District participants should be finalized within the next two or three weeks. A
follow-up meeting will be scheduled to review the findings with the business owners.
Mr. Orton reported that the Design Committee will be meeting with the highest ranked firm this week.
The contract with the selected firm will be reviewed by the City Attorney and presented to Council for
approval.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by C:allsen, SECONDED by Pollard to remove Item #20 from the Consent Calendar per the
request of City staff.
MOTION CARRIED
AUDIENCE PARTICIPATION
Henry Busse, 520 F. Logan Street, reported that the building permit application recently submitted for
construction of the Roberts Recreation Center by the City of Caldwell had an incorrect address on the
form. He noted that the facility's address was registered as Grant Street rather than on Harrison Street.
Mr. Orton clarified that the access point for the Roberts Recreation Center will be located on Grant Street
which would necessitate that the address be registered as Grant Street on the building permit.
CONSENT CALENDAR:
I. Approve acceptance of the minutes of the Regular City Council Meeting held on April 4, 2016; the
Caldwell Industrial Airport Commission Meeting held on April 7, 2016; the Caldwell Housing
Authority Meetings held on September 11, 2015, December 18, 2015 and April 4, 2015; and the
Caldwell Hearing Examiner Meetings held on March 8, 2016 and March 15, 2016;
2. Approve request from the City Clerk for a change in ownership concerning the Alcohol Beverage
License for Taqueria Janitzio located at 313 South Kimball Avenue;
3. Approve Resolution 71-16 ratifying action by the Caldwell City Council on June 3, 1946 declaring
the need for and creation of the Caldwell Housing Authority;
4. Approve Resolution 72-16 appropriating funds for plumbing and miscellaneous improvements at the
Caldwell Municipal Pool;
5. Approve Resolution 73-16 authorizing the execution of a Memorandum of Understanding with
Treasure Valley Clean Cities Coalition regarding community bicycle routes;
6. Approve Resolution 74-16 accepting Quitclaim Deed from Idaho Transportation Department for
future right-of-way development of Chicago Street;
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7. Approve Resolution 75-16 accepting the dedication of sewer main, water main, and certain storm
drain conveyance from TC Property Management for right-of-way in the Canyon Springs RV
Resort;
8. Approve Resolution 76-16 accepting the dedication of water main facilities from J. Finley
Enterprises LLC for right-of-way located at Scott Fulcher Trucking;
9. Approve Resolution 77-16 accepting a Quitclaim Deed from Iron Creek Investment LLC for right-of-
way along property frontage at 3409 E. Linden Street;
10. Approve Resolution 92-16 accepting a Right -of -Way Purchase Agreement with Caldwell Ashton
Place Association for the purpose of constructing the Lake Avenue & Ustick Road roundabout;
11. Approve Resolution 93-16 accepting the Right -of -Way Purchase Agreement with Centennial Baptist
Ch Inc. for the purpose of constructing the Lake Avenue & Ustick Road roundabout;
12. Approve Resolution accepting the Right -of -Way Purchase Agreement with KDS Landing LLC for
the purpose of constructing the Lake Avenue & Ustick Road roundabout;
13. Approve Resolution 78-16 accepting the Quitclaim Deed from Ashton Place Association for the
purpose of constructing the Lake Avenue & Ustick Road roundabout;
14. Approve Resolution 79-16 accepting the Quitclaim Deed from Centennial Baptist CH Inc. for the
purpose of constructing the Lake Avenue & Ustick Road roundabout;
15. Approve Resolution 80-16 accepting the Quitclaim Deed from KDS Landing LLC for the purpose of
constructing the Lake Avenue & Ustick Road roundabout;
16. Approve Resolution 81-16 accepting the Warranty Deed from Jeffrey Jenson to facilitate the
relocation of a sewer main line at the northeast comer of the 10'h Avenue overpass and Main Street;
17. Approve Resolution 82-16 accepting the Dedication of sewer facilities from the Idaho Conference
of Seventh-Day Adventists, Inc. for Gem State Academy;
18. Approve Resolution 83-16 accepting an Easement from the Idaho Conference of Seventh-Day
Adventists, Inc. for a sewer main across a portion of their property;
19. Approve Resolution 84-16 authorizing the execution of a Reimbursement Agreement with the Idaho
Conference of Seventh-Day Adventists, Inc. for costs associated with the construction of the
Montana Avenue Sewer Trunk Line Project;
20. Approve Resolution authorizing assistance by the City of Caldwell concerning the
relocation,`removal of the A -Drain, Canyon Hill Lateral, and Slipstream Way associated with
"Project Fresh"; IREMOVED1
21. Approve Resolution 85-16 authorizing the acceptance of the assessment roll for L.I.D. 12-1 and set
the Protest Hearing for May 16, 2016 at 7:00 p.m. during the Regularly Scheduled City Council
Meeting;
22. Approve Resolution 86-16 authorizing ranking of design consultants for the Indian Creek Plaza, the
permitting staff and the Indian Creek Design Selection Committee to begin contract negotiations
beginning with the highest ranked firm;
23. Approve Resolution 87-16 ratifying and accepting the installation of an automatic transfer switch at
the O'Connor Field House (Caldwell's designated Red Cross Shelter) by a Homeland Security Grant
for the purpose of preparing the Field House for power function during an emergency;
24. Approve Resolution 88-16 accepting the Warranty Deed from Gary and Dana Vance for property
located at 21" Avenue (Parcel #R35368014) for the purpose of future expansion of the Caldwell
Event Center;
25. Approve Resolution 89-16 authorizing a cost share with the Idaho Fish & Game in the amount of
$10,000 for improvement of the docks located at Rotary Pond;
26. Approve the Order of Decision for Case No. ZON-15-07: ANN-15-06 (East Caldwell Annexation);
27. Approve Resolution 91-16 authorizing updates within the Employee Personnel Manual;
28. Approve Resolution 90-16 authorizing the execution of an Agreement with Resource Consultants for
the Community Development Block Grant Consolidated Plan and Year One (1) Action Plan.
MOVED by Pollard, SECONDED by Callsen to approve the Consent Calendar as amended.
Roll call vote: Those voting yes: Pollard, Stadick. Ozuna. Hopper, and Callsen. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS
(CONSIDER THIRD & FINAL READING: BILL NO. 20 JORDINANCE NO. 30461 TO EXPAND
THE GEOGRAPHIC AREA COVERED BY CHAPTER 8, ARTICLE 1, SECTION 08-01-29 TO
PROHIBIT SMOKING AT THE ENTIRE AREA COMMONLY REFERRED TO AS THE
CALDWELL EVENTS CENTER)
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL EXPANDING THE
GEOGRAPHIC AREA COVERED BY CHAPTER 8, ARTICLE 1, SECTION 08-01-29, SO AS TO
PROHIBIT SMOKING AT THE ENTIRE AREA COMMONLY REFERRED TO AS THE CALDWELL
EVENTS CENTER; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN
CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Ozuna to consider Bill No. 20 (Ordinance No. 3046) on its third and
final reading by title Only of Ordinance No. 3046.
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Substitute Motion:
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 20
(Ordinance No. 3046) on its third and final reading by title only as a substitute for reading the bill in its
entirety.
Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 20 (Ordinance No. 3046) and move for
its passage by title only on the third and final reading.
Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and. -or not voting: none.
MOTION CARRIED
(CONSIDER UPDATE REPORT FROM CITY STAFF CONCERNING THE REQUEST FROM
JESSIE AND AARON HORSEWOOD FOR THE CONSTRUCTION OF A PATIO AT THE
VINEYARD LOCATION ALONG INDIAN CREEK AT KIMBALL AVENUE)
Brent Orton, 621 Cleveland Blvd, noted that there is a lease for outdoor restaurant seating at the Indian
Creek Steakhouse which would be similar for the requested use of the subject property. Staff has
researched a cost comparison of removing the vineyard and restoring the area with grass versus the cost of
minimal patio space. The outdoor seating area would potentially add seating capacity to the Horsewood
Restaurant. He noted that the TVCC viticulture program has been dismantled and the volunteers who have
maintained the vineyard section in the past are no longer available. No city staff is trained to maintain the
vineyard as necessary for productivity. Material costs have been estimated; however, labor costs are still
being compiled. Discussion was held concerning the unavailability of City workers to assist with the
project due to the necessity of completing previously tasked projects.
Mark Hilty, 1303 12`h Avenue Road, Nampa, provided the staff report and outlined the public -private
partnership as covered by law. It was noted that public comment would not be received this evening
inasmuch as the matter was not noticed as a public hearing. He explained that the City and the Urban
Renewal Agency have the authority to comply with the request. He outlined the criteria for the Urban
Renewal Agency's involvement: 1) Continued improvements of Indian Creek which was funded by URA;
2) Downtown incentive which would include the removal of blight, pursuing economic development, and
creating public infrastructure to attract people to the downtown; and 3) the willingness of the URA to work
with other public agencies.
Mr. Hilty stated that the property could be ]eased in compliance with the Idaho Code with reasonable terms
as approved by City Council. Leasing of the property would not constitute a legal precedence. He clarified
"public purpose" and "return on investment" as defined by the Idaho legislature. The development of a
food court area could be constructed with a possible lease thereby establishing a public -private partnership.
The area could also be used for public events within the downtown during the period(s) not covered within
the lease.
Discussion followed concerning the need for the public hearing in accordance with the City Council
approved motion from the April 4`h meeting.
Mr. & Mrs. Horsewood, 212 South Kimball Avenue, proposed that they be allowed to lease the space as is
for $350 per year and personally make the needed improvements to the site.
Mr. Hilty clarified that the improvements would become city property at the end of the lease. He noted that
City Council would need to determine if the lease rate is appropriate. The City would need to review and
approve all plans.
The Mayor stated that the right-of-way adjacent to the building could be used for seating in certain
circumstances such as the use of the alleyway and,or sidewalk areas. He referred to the Mother's Day
event being planned by the Horsewood Restaurant and their possible use of the alleyway.
It was determined that staff proceed forward with notification of the public hearing on May 2nd at 7:00
p.m, and consideration of a proposed lease by City Council.
NEW BUSINESS 0
(PUBLIC HEARING 1QUASI-JUDICIAL1 CASE NO. ANN-16-01: A REQUEST BY DAVID
ADAMS TO ANNEX 0.49 ACRES, MORE OR LESS, WITH AN R-I (LOW DENSITY
RESIDENTIAL) ZONING DESIGNATION. THE SUBJECT PROPERTY IS LOCATED AT 204
ALBERT STREET IN CALDWELL, IDAHO)
The Mayor outlined the quasi-judicial process and asked the City Clerk to swear in those who would be
providing public testimony.
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. He
noted that the request for annexation is due to contamination within the current privately -owned
community well system.
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David Adams, 12652 Rockledge Lane, Nampa acknowledged being sworn in and spoke in favor of the
request. He noted that the home sat vacant for approximately four years and he has made significant
improvements to the residence. It has been listed for sale. Irrigation will be provided by a separate well.
MOVED by Callsen, SECONDED by Stadick to close the public testimony portion of the hearing.
EVIDENCE LIST FOR CASE NO. ANN-16-01.- MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site
presented by Jarom Wagoner).
MOVED by Hopper, SECONDED by Ozuna to accept the Evidence List as presented.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-16-01: MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
FINDINGS OF FACT ON CASE NO. ANN-16-01: MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the
public testimony that was given in this matter, the evidence list that was presented, and note that there was
no opposition to the applicant's request.
CONCLUSIONS OF LAW ON CASE NO. ANN-16-01. MOTION CARRIED
MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this
case and to make the decision to approve or deny; and the public hearing was noticed and heard within the
guidelines of applicable state codes and local ordinances.
ORDER OF DECISION ON CASE NO. ANN-16-01: MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. Case Number ANN-]6-01 a request by David Adams to
annex 0.49 acres, more or less, with an R-I (Low Density Residential) zoning designation for the property
located at 204 Albert Street in Caldwell, Idaho is approved with the conditions outlined in the staff report.
Roll call vote. Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and, or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Pollard to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 9 JORDINANCE NO. 30351 FOR CASE NO. ANN-16-01 (DAVE ADAMS
ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,
AND APPROVE THE SUMMARY FOR PUBLICATION)
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-I (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 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 Pollard, SECONDED by Hopper to waive the three reading process and consider Bill No. 9
(Ordinance No. 3035) on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those votingno: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Hopper to sponsor Bill No. 9 (Ordinance No. 3035), move for its
passage by title only, and approve the summary for publication.
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Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those votingno: none.
Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING 1QUASI-JUDICIAL) CASE NO. ANN-16-02. A REQUEST BY CLAUDIA
STOICA TO ANNEX 0.71 ACRES, MORE OR LESS, WITH AN R-1 (LOW DENSITY
RESIDENTIAL) ZONING DESIGNATION. THE SUBJECT PROPERTY 1S LOCATED AT 16500
MONTANA AVENUE IN CALDWELL, IDAHO)
The Mayor asked the City Clerk to swear in those who would be providing public testimony.
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. He
noted that the applicant was not able to attend the public hearing due to a sudden change to his work
schedule.
Mrs. Scheiderlein, 14276 Moreno Drive, acknowledged being sworn in and spoke as neutral to the request.
She asked for clarification of the proposed development. She noted accumulation of excess items on the
site including an old trailer.
Mayor Nancolas stated that the annexation of the parcel would allow the Caldwell City Code to be
implemented concerning nuisance code enforcement laws. He noted that some of the surrounding parcels
would still be under the jurisdiction of Canyon County.
Leonard Scheiderlein, 14276 Moreno Drive, asked about a site plan showing where the housing would be
located.
Mr. Wagoner responded that the site plan would be submitted with the building permit application. All
setbacks will be reviewed for compliance. The zoning will be R-1 for single family houses with no
multiple housing units.
Discussion followed concerning access to the site.
The Mayor noted that Michael Samuelson, Hannah Samuelson, Sammy Samuelson, and Paul Riebe signed
in but were not present to provide testimony.
MOVED by Stadick, SECONDED by Hopper to close the public testimony portion of the hearing.
EVIDENCE LIST FOR CASE NO. ANN-16-02.
MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site
presented by Jarom Wagoner).
MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-] 6-02:
MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN-16-02:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the
public testimony that was given in this matter, the evidence list that was presented, noting that this was the
result of an existing agreement for development that would bring the parcel into the city limits and will be
better managed by the Caldwell City Code.
CONCLUSIONS OF LAW ON CASE NO. ANN-16-02: MOTION CARRIED
MOVED by Ozuna, SECONDED by Callsen that the Caldwell City Council has the authority to hear this
case and to make the decision to approve or deny; and the public hearing was noticed and heard within the
guidelines of applicable state codes and local ordinances.
ORDER OF DECISION ON CASE NO. ANN-16-02• MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council: hereby orders that Case No. Case Number ANN-]6-02 a request by Claudia Stoica
to annex 0.71 acres, more or less, with an R-I (Low Density Residential) zoning designation for the
property located at 16500 Montana Avenue in Caldwell, Idaho is approved with the conditions as outlined
within the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and:'or not voting: none.
MOTION CARRIED
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PAGE 77
MOVED by Hopper, SECONDED by Ozuna to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 15 JORDINANCE NO. 30411 FOR CASE NO. ANN-16-02 ISTOICA
REZONEI WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
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-I (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 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 Pollard, SECONDED by Callsen to waive the three reading process and consider Bill No. 15
(Ordinance No. 3041) on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no. none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 15 (Ordinance No. 3041), move for its
passage by title only, and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and."or not voting: none.
MOTION CARRIED
(CONSIDER UPDATE REPORT FROM THE CITY FINANCE DIRECTOR CONCERNING CITY
OF CALDWELL IMPACT FEES)
MOVED by Hopper, SECONDED by Pollard to approve the recommendation from the Finance Director
concerning
matter. the impact fee revisions and instruct staff to move forward in setting a workshop to discuss this
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of $427,617.95 for the period ending April 12, 2016 and net payroll in the amount of $357,915.88
for pay period ending on April 2, 2016.
MOVED by Pollard, SECONDED by Hopper that accounts payable in the amount of $427,617.95
represented by check numbers 115661 through 115674 and payroll for the total amount of $357,915.88
represented by check numbers 29709 through 29818 and payroll direct deposits, be accepted, payment
approved and vouchers filed in the {s*f %pi the City Clerk,
MOTION CARRIED
(COUNCIL COMMENTS) :4 .•'��~•``'�.
Councilman Pollard commerftdd o� S cenf�ocal Legends event held on April 16'h.
Councilman Callsen expressed ah
�en�.prayers by individuals during his recovery process.
Councilman Hopper stated that he- was fortvar,d to the Community Pride Day event n Saturday, April
23"
(MAYOR'S COMMENTS)
The Mayor expressed appreciation to those who organized the Local Legends event. It was a partnership this
year between Destination Caldwell and the Mayor's Youth Advisory Council.
The groundbreaking ceremony for the new D.L. Evans Bank was held this morning.
BOOK 57
PAGE 78
Upcoming Events
April 19: City Council Budget Visioning Workshop at 6:00 p.m.
April 20: Mayor's Youth Advisory Council Meeting at 6.00 p.m.
April 23: Community Pride Day -- Meet at City Hall at 9:00 a.m.
April 30: Go Purple Fundraiser Dinner at O'Connor Field House at 6:00 p.m.
May I.- Cinco de Mayo Celebration at Caldwell Memorial Park
May 2: Next City Council Meeting A workshop will be held at 6:00
from Dan SeRner, Indian Creek Plaza Consultant. p.m. to receive the final report
May 4: Mayor's Youth Advisory Council -- Yearly elections for officers at 6.00 p.m.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (F) FOR
THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL
PUBLIC AWARENESS OF PROBABLE LITIGATION)
MOVED by Pollard, SFCONDF❑ by Hopper to convene into Executive Session pursuant to Idaho Code,
Section 74-206, (f) for the purpose of discussing pending litigation or where there is a general public awareness
of probable litigation at 8:57 p.m.
Roll call vote. Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no: none. Absent
and/or not voting: none.
The Mayor noted that no decisions were made or action taken.
ADJOURNMENT
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to adjourn at 9:17 p.m.
MOTION CARRIED
APPROVED AS written THIS 2"a
DAY OF Ma 2016.
AT BEST:
City Clerk
ayor
o
Councilperson
Councilperson
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