HomeMy WebLinkAbout2023-02-07 AMENDED City Council Agenda
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CITY OF CALDWELL
PUBLIC MEETING INFORMATION
We invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever,
or are not feeling well, please contact Planning & Zoning staff to arrange participation remotely. The City of Caldwell
follows the CDC guidelines to allow for distancing in the public meeting area and provide masks/hand sanitizer on site.
Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During the
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listed within the written notice.
On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the green “public meetings”
button on the center of the page. After registration, you will receive a confirmation email containing information about
joining the virtual meeting. REGISTER AT: https://www.cityofcaldwell.org
Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department
at P&Z@cityofcaldwell.org to be included within the staff report. All comments received after the staff report has been
transmitted will be included in the case file and provided as late exhibits at the appropriate public hearing.
Live Stream Viewing: If you are not planning to speak, members of the public are encouraged to view the meeting via the
live stream option: https://www.youtube.com/channel/UCci7S1A0UJNK6asXxxugLGA
REGULAR CITY COUNCIL MEETING
EXECUTIVE SESSION
Tuesday, February 7, 2023
4:00 PM
Executive Session pursuant to Idaho Code, Section 74-206, Subsection (1)(b) for the purpose of discussing the evaluation,
dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or
individual agent.
REGULAR CITY COUNCIL MEETING
WORKSHOP AGENDA
Tuesday, February 7, 2023
4:30 PM
A CITY COUNCIL WORKSHOP FOR THE PURPOSE OF:
4:30 pm: Discussion regarding the use of Wolfe Field by the Sawtooth Sockeyes
5:00 pm: Discussion regarding City of Caldwell administrative offices in the Nancolas Center
5:30 pm: Promotion Ceremony for CFD:
Deputy Chief Perry
Deputy Chief Shupe
Battalion Chief Martinez
Swearing in Ceremony for CPD:
Officer Becker
Officer Galvan
Officer Markovetz
Officer Norton
Officer Sargent
AMENDED AGENDA
Addition of Executive Session at
4:00 p.m.
(Workshop Schedule Adjusted)
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REGULAR CITY COUNCIL MEETING
AGENDA
Tuesday, February 7, 2023
6:00 PM
INVOCATION OFFERED BY PASTOR PAUL SHULGA OF CALDWELL CHRISTIAN FAITH CENTER.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
a. Proclamation: Day of Hope
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.
2. Approve the minutes for the Caldwell City Council Regularly Scheduled meeting held on January 17, 2023 and the
Historic Preservation Commission meeting held on September 28, 2022;
3. Approve request for the destruction of public records from the Parks & Recreation Department, Caldwell Event
Center, Golf Department, Forestry, Utility Billing, Finance, and Water Department;
4. Approve Resolution authorizing the execution of a First Extension to the Agreement for Alcohol Beverage
Concessions services at the Caldwell Events Center with Macabi, Inc.;
5. Approve Resolution authorizing the execution of the First Extension Amendment to the Interim Operating
Agreement with Bird Rides, Inc. for the provision of electric scooters in Downtown Caldwell;
6. Approve Resolution accepting a Permanent Easement from Cold Steel Properties, LLC for the extension of the
Farmway Water Main and Communication Conduit Project from Pond Lane to Purple Sage Elementary School;
7. Approve Resolution accepting the Caldwell Vehicle Use Policy for inclusion in the Employee Han dbook –
Exhibit D to Section IV, M effective upon approval;
8. Approve Resolution authorizing the execution of the Addendum to the Subrecipient Agreement (Community
Development Block Grant) with the Caldwell Senior Center;
9. Approve Resolution authorizing execution of a Permanent and Perpetual Easement with Idaho Power across a
portion of Lot 5, Block 9 of the Revised Map of Caldwell;
10. Approve Resolution ratifying the execution of a Pioneer Irrigation District Utility License Agreement in
association with the Caldwell East Ustick Sewer Truck Line Extension Project;
11. Approve Resolution authorizing the execution of Amendment No. 2 to the Professional Design Services
Agreement with Bowen Collins & Associates for the US Hwy 20/26 Sewer Trunk Line Extension Project;
12. Approve Resolution authorizing the execution of a Retainer Agreement with Napoli Shkilnik Attorneys at Law
and the City of Caldwell regarding water supply contamination by PFAS and related substances;
13. Approve Resolution accepting an Easement from BVA North Ranch Retail 1 LLC for operation and maintenance
of water main lines;
14. Approve Resolution authorizing the City Engineer to negotiate with Burgess & Niple, as the top ranked
consultant, on a contract for design of the Lake Lowell Corridor Pathway Project pursuant to final approval of
the contract by City Council;
15. Approve Resolution accepting a Permanent Easement from Base Layer, Miguel Gaddi, for the placement of
water mains and communications conduit in their roadway right-of-way;
16. Approve request for waiver of rental fees in the amount of $550.00 for the Caldwell Train Depot Event Center
for the Advocates Against Family Violence - Victims of Crime community awareness event on April 25, 2023.
OLD BUSINESS:
1. ACTION ITEM: Public Hearing (Quasi-Judicial) CASE NO: ANN22-000021, SUB22-000039 AND SUP22-
000027 (Lavender Crossing) (Continued from 1/17/23); A request by Penelope Constantikes of Riley Planning
Services LLC, on behalf of Justin Fishburn, Gennie Fishburn, and Yellowstone Capital LLC, to annex parcel
R3247801000 (approx. 8.18 acres) and R3248700000 (approx. 5.84 acres) with a proposed R-3 (High Density
Residential) zoning designation, designated HDR (High Density Residential) in the Comprehensive Plan, to
include approval of a development agreement associated with ANN22-000021. Concurrently, the applicant is
requesting approval for a preliminary plat and special use permit for Lavender Crossing – a 288 unit multi-
family development, located at 4121 and 4114 Laster Lane in Caldwell, Idaho. SUB22-000039 has been
withdrawn.
2. ACTION ITEM: Consider Bill No. 7 (Ordinance No. 3401) for CASE NO. ANN22-000021, with a request to
move for its passage by title only and approve the summary for publication.
3. ACTION ITEM: Public Hearing (Legislative) Regarding a proposed change in the special assessment rate of
the Caldwell Downtown Business Improvement District by adding a five percent, year-over-year cap on changes
in assessments, as well as a five percent, year-over-year floor on changes in assessments.
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4. ACTION ITEM: Consider Bill No. 41 (Ordinance No. 3067-A) for the Caldwell Downtown Business
Improvement District with a request to move for its passage by title only and approve the summary for publication.
NEW BUSINESS:
1. ACTION ITEM: Mayor’s Presentation for Appointment of the Planning & Zoning Director effective through
January 2024.
2. ACTION ITEM: Oath of Office for Planning & Zoning Director.
3. ACTION ITEM: Public Hearing - A request by Audey Brumfield on behalf of Brumfield Claude Trust A,
to vacate unopened Platted Alley Right-of-Way lying in Block 60 of Dever’s Addition in Caldwell as filed in
Book 2 of Plates at Page 17 records of Canyon County.
4. ACTION ITEM: Consider Bill No. 4 (Ordinance No. 3488) for the vacation of unopened public alley right-of-
way at the intersection of South 9tnh Avenue and the Vacated Centerline of Joliet Street with a request to move
for its passage by title only and approve the summary for publication.
5. ACTION ITEM: Public Hearing (Quasi-Judicial) Mandalay Ranch Development Agreement associated
with ANN22-000006: A request for approval of the development agreement associated with ANN22 -000006
that was approved by city council on 10/20/22 for parcels R34089010C (0.59 ac) an d R34090010 (1.08 ac)
R34089010B (0.07 ac). The subject properties are located approximately 480 feet north of the intersection of
Middleton and Hwy 20/26 on the west side of Middleton Road. THIS IS FOR APPROVAL OF
DEVELOPMENT AGREEMENT ONLY.
6. ACTION ITEM: Public Hearing (Quasi-Judicial): CASE NO: ANN22-000023 and CPM22-000013 North
Caldwell Annexations: A request by the City of Caldwell, on behalf of Mark and Tena Oller, William and Jennie
Shipley Family Trust, Slender Paving Inc., TC Property Management LTD, Two Bridges Associates LP, and
Green Road Associates LP, requests approval to annex parcels R3465000000 (2.78 acres), R3465001000 (2.88
acres), R3465001100 (1.55 acres), R34650011A0 (0.05 acres), R3494900000 (9.39 acres), R3494901100 (1.28
acres), R3494901200 (3.59 acres), R3494901300 (4.06 acres), R3494901400 (1.26 acres), R34949014A0 (0.73
acres), R34950010A0 (1.60 acres), R3495100000 (2.93 acres), R3495200000 (0.51 acres), and R3495201000
(2.46 acres) with a proposed zoning classification of C-3 (Service Commercial), along with a request for a
comprehensive plan map amendment from I (Industrial) to CS (Commercial & Service); to annex parcels
R3492800000 (2.35 acres), and R3494400000 (1.91 acres) with a proposed zoning designation of C-3 (Service
Commercial) along with a request for comprehensive plan map amendment from RE (Residential Estates) to CS
(Commercial & Service); to annex parcel R3493001000 (1.93 acres) with a proposed zoning designation of RS -
1 (Residential Estates) where the comprehensive plan designation is RE (Residential Estates); to annex parcels
R34944010F1 (1.72 acres), R34944010F2 (0.32 acres), R3494601100 (1.59 acres), R3494601200 (2.72 acres),
R3495501400 (0.64 acres), R3495501500 (0.04 acres), R34955015AO (0.00 acres), R34955014AO (0.03 acres)
and R3495501600 (0.03 acres) with a proposed zoning designation of C-3 (Service Commercial), where the City
comprehensive plan land use designation is ES (Environmentally Sensitive); to annex parcels R3494600000
(5.79), R3494601300 (4.85 acres), R3495001000 (7.99 acres), R3495300000 (4.48 acres), R3495500000 (2.24
acres), and R3495501000 (5.94 acres) with a proposed zoning designation of C-3 (Service Commercial), where
the City comprehensive plan land use designation is CS (Commercial & Service); and to annex parcel
R3495501700 (0.50 acres) with a proposed zoning designation of C-3 (Service Commercial), where the City
comprehensive plan land use split designation is CS (Commercial & Service) and ES (Environmentally
Sensitive); for a total approximate private parcel acreage of 82.02 acres and approximately 57.19 acres of Right-
of-way, totally approximately 139.21 acres of land to be annexed into the City of Caldwell, to include approval
of Resolution #431-22. The request is for annexation of land only and does not include approval of any future
proposed development.
7. ACTION ITEM: Consider Bill No. 75 (Ordinance No. 3469) for CASE NO: ANN22-000023, with a request to
move for its passage by title only and approve the summary for publication.
8. ACTION ITEM: Public Hearing (Quasi-Judicial): CASE NO: AMD-22-06 Richmond Heights: A request
by T-O Engineers, on behalf of TBC Land Holding LLC, to modify the development agreement for Richmond
Heights Subdivision, case numbers ANN22-000012 and SUP22-000014. The modification is for a redesign of
the site layout to take the one (1) large 24-plex building and split it into two (2) smaller 12-plex buildings, to
relocate a portion of the parking lot just north of the newly designed 12-plex building, and increase the setback
to 89.5 feet between the new proposed building and the fence line that separates the subject site from the adjacent
single-family residential site. The applicant is requesting the Development Agreement associated with case
number ANN22-000012 be modified to accommodate the new site plan.
9. ACTION ITEM: Public Hearing (Quasi-Judicial): CASE NO: ANN22-000017 / ZON22-000007 /SUP22-
000021 / SUB22-000030 / PUD22-000008 / CPM22-000009 (Valencia Village): A request by Jane Suggs,
Gem State Planning, on behalf of Endurance Holdings LLC., to annex 73.69 acres with a H-C (Highway
Corridor) zoning designation, where designated as Highway Corridor in the Comprehensive Plan, and is
requesting a rezone of an adjacent 5.50 acres currently located within the city limits, from (R-1) Low Density
Residential to H-C (Highway Corridor) and a comprehensive plan map amendment from Medium Density
Residential to HC (Highway Corridor), to include approval of the accompanying Development Agreement
associated with ANN22-000017 and ZON22-000007, and approval of the Resolution for the comprehensive
plan map amendment associated with CPM22-000009. Concurrently, the applicant is requesting a special use
permit for a PUD with residential in the Highway Corridor zone, and a preliminary plat for a 75.5 acre planned
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unit development (PUD), for Valencia Village Subdivision, consisting of 25 acres for commercial uses, 14.5
acres for multifamily development, 13.5 acres for single family detached homes and single family attached
townhomes, and 22.5 acres made up of non-developable land, required buffer areas and significant rights of
way. The subdivision is proposed to be constructed in four (4) phases with a total of 130 residential lots, 11
commercial lots, and 50 common lots. The subject property is located east of Middleton Road, between Hwy
20/26 and Skyway Street, parcel numbers R3430800000, R3430801000, and R3430801100, Caldwell, Idaho.
10. ACTION ITEM: Consider Bill No.63 (Ordinance No. 3457) for CASE NO: ANN22-000017 and ZON22-
000007 (Valencia Village), with a request to move for its passage by title only and approve the summary for
publication.
11. ACTION ITEM: Consider acceptance of the Finance Report.
12. Council Reports.
13. Mayor’s Comments.
14. Executive Session pursuant to Idaho Code, Section 74-206, Subsection (1)(c) for the purpose of discussing the
acquisition of or an interest in real property not owned by a public agency.
15. Adjournment.
Next Regularly Scheduled City Council Meeting is on Tuesday, February 21, 2023 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 reunión debe comunicarse con el Secretario de la Ciudad en
411 Blaine Street o llame al # 455 a 4656 antes de la reunion.