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AGENDA
SPECIAL CITY COUNCIL MEETING
WORKSHOP
Tuesday - January 17, 2017
6:00 P.M.
WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PLAZA FACADE DESIGN
HANDBOOK DEVELOPED BY GGLO DESIGN ASSOCIATED WITH THE
DEVELOPMENT OF THE INDIAN CREEK PLAZA LOCATED IN DOWNTOWN
CALDW ELL.
AGENDA
REGULAR CITY COUNCIL MEETING
Tuesday - January 17, 2017
7:00 P.M.
INVOCATION OFFERED BY DANA BROOKS OF THE GRACE LUTHERAN CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
A. Update Report: Caldwell Industrial Airport Board
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Special City Council Meeting held on December
30, 2016; the Regular City Council Meeting held on January 3, 2017; and the Special City
Council Meeting held on January 9, 2017;
2. Approve the Order of Decision for Case No. SUB-16F-10 (Virginia Park No. 8 Final Plat);
3. Approve Resolution awarding an informal bid of the elevator installation in an amount not to
exceed $99,000 at the Caldwell Veterans Memorial Hall;
4. Approve Resolution awarding an informal bid for the construction of the elevator building
and lobby in the amount not to exceed $70,000 at the Caldwell Veterans Memorial Hall;
5. Approve Resolution authorizing the Engineering Department to apply for federal funding in
conjunction with Canyon Highway District No. 4 for a 2018 STP-Urban Grant which would
provide pavement rehabilitation and maintenance to a City road section and to commit to
funding the local cost share of 7.43% of the City's portion of the project:
6. Approve Resolution authorizing the acceptance of an Instructor Agreement with Carla
Barron and the Caldwell Recreation Department as an independent instructor;
7. Approve Resolution authorizing the execution of the Grant Agreement from the U.S.
Department of Housing and Urban Development for the 2016 Community Development
Block Grant (CDBG) Grant Award in the amount of $419,146.00;
8. Approve the request to ratify the appointment of members and two sub -committee members
to the Caldwell Veterans Council, Inc. for the year 2017 in accordance with the City of
Caldwell Resolution No. 09-15 dated January 5, 2015;
9. Approve the appointment of Irma Chambers to the Friends of the Depot Committee for a
term to expire December 31, 2019;
10. Approve the appointment of the Caldwell Mayor's Youth Council Executive Members:
Delphia Lloyd (CHS), Breanna Boutte (Skyview), Armando Guerrero (CHS), Madison Smith
(CHS), and Eric Ramirez (CHS) for a term to expire May 31, 2017;
11. Approve Resolution authorizing the declaration of surplus equipment from the
Parks/Recreation Department to be donated to a non-profit organization;
12. Approve Emergency Resolution No. 07-17 declaring an emergency pursuant to Idaho Code
67-2808(1); authorizing the immediate expenditure of public funds for emergency work to
safeguard life, health, and property; waiving compliance with formal bidding processes; to
replace Resolution No. 05-17 and shall continue in force through February 6, 2017 unless
sooner modified by the Caldwell City Council.
13. Approve Resolution appointing Destination Caldwell, Inc., an Idaho non-profit corporation,
to administer the Downtown Caldwell Business Improvement District, including any funds
derived pursuant to the authority granted to the City of Caldwell under Idaho Code 50-2611,
effective upon its passage and approval. 1ADDED1
OLD BUSINESS:
None.
Page t of 2
NEW BUSINESS:
I. Public Hearing (Legislative) for the purpose of receiving public comment concerning the
"Plaza Fagade Design Handbook" a companion document to the "Downtown Framework
Master Plan."
2. Consider Resolution adopting as an advisory document the "Plaza Fagade Design Handbook"
which is a companion document to the "Downtown Framc%kork Master Plan" and is a
guideline for development in the core area of the City Center Zoning District.
3. Public Hearing (Quasi -Judicial): Case No. ANN-16-07: A request by Rodney Mack to annex
2.06 acres, more or less, with an R-1 (Low Density Residential) zoning designation. The
subject property is located at 16130 S. Florida Avenue (Parcel # R3273900000) in Caldwell,
Idaho.
4. Consider Bill No. 53 (Ordinance No. 3079) for Case No. ANN-16-07 (Mack Annexation)
with a request to waive the rules, pass on the first reading, and approve the summary for
publication.
5. Public Hearing (Quasi -Judicial): Case No. APP-16-07: A request by John Dyer and Rod Bow
to appeal the Hearing Examiner's approval of Case File # SUP-16-16, for a special -use
permit to construct 21 four-plex residential structures within the R-2 (Medium Density
Residential) Zoning District. The subject property is located on the east side of Middleton
Road, between the Skyway Street alignment and Linden Road (Parcel #'s R3430701100.
R3430700000, and R3430101100) in Caldwell, Idaho,
6. Finance Report.
7. Council Reports.
8. Mayor's Comments.
A. 2016 Mayor's Year -End Report
B. Discussion concerning the City of Caldwell Taxicabs and Commercial Transportation
Ordinance.
9. Executive Session pursuant to Idaho Code, Section 74-206, Subsection (c) for the purpose of
discussing the acquisition of or an interest in real property not owned by a public agency and
Subsection (f) for the purpose of discussing pending litigation or where there is a general
public awareness of probable litigation.
10. Adjournment.
Next Regular City Council Meeting is on Monday, February 6, 2017 at 7:00 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: www.citvofesidwell.com. Cualquier persona que necesita
arreglos especiales para participar en la reunion debe comunicarse con el Secretario de ]a Ciudad
en 411 Blaine Street o [lame al # 455 a 4656 antes de la reunion.
Page 2 of 2 (( ,/�
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BOOK 58 PAGE ?
SPECIAL CITY COUNCIL MEETING
WORKSHOP
January 17, 2017
6:00 P.M.
(WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PLAZA FA4rADE DESIGN
HANDBOOK DEVELOPED BY GGLO DESIGN ASSOCIATED WITH THE DEVELOPMENT OF
THE 1NDIAN CREEK PLAZA LOCATED IN DOWNTOWN CALDWELL)
Mayor Nancolas opened the workshop at 6:00 p-m. and welcomed those in attendance.
Present Callsen. Stadick. Allgood. Ozuna, and Hopper. Absent- Pollard
Keri Sigman, 411 Blaine Street, reported on the history of the Plaza Fagade Design Handbook. She expressed
appreciation to Bob Carpenter for his involvement in collaborating %%ith the 1"niversity of Idaho graduate
students and GGLO Design to compile the handbook. She reported that public workshops were held with the
design team and owners of the property owners surrounding the proposed p.`aza area in creating the document
Jarom Wagoner. 621 Cleveland Blvd., provided a site plan of the subject properties along Main Street which
have been addressed within the Plaza Facade Design Handbook. He reviewed the various design components
which were reviewed with each of the property owners.
The Mayor reported that an item has been included on the City Council Agenda tonight in which the Plaza
Fagade Design Handbook will be considered as an addendum to the Caldwell Framework Master Plan.
Discussion was held concerning the timeframe for the building owners to complete their exterior remodel work.
It was noted that property owners will be pursuing work on their Main Street facilities in correlation with
construction ofthe plaza.
Ideas and concepts were presented but no decisions were made during the workshop. The workshop adjourned
at 6:34 p.m.
REGULAR MEETING
January 17,2017
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. He reported that a
workshop was conducted at 6:00 p.m. concerning the Plaza Fagade Design Handbook developed by GGLO
Design.
Pastor Dana Brooks of the Caldwell Grace Lutheran Church provided the invocation. The Mayor 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: Callsen.
Stadick, Allgood. Ozuna. and Hopper. Absent: Pollard.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Bovr Scouts:
The Mayor acknowledged the Boy Scouts in the audience from Troops e436 and W230.
B. UpdateRenov7 Calchrei Inditstrial A'r or1 Corr mis i rr rr
Phil Fouts of the Caldwell Industrial Airport Commission provided an update report. He expressed
appreciation for City Council's support and the City staff members who have greatly assisted over
the years. He reviewed the philosophy and goals of the Caldwell Airport Commission. He noted
that the goal of the Airport Commission is to provide a safe, attractive, and efficient aviation facility
in accordance with regulations and to help provide for and oversee growth in future projects. He
noted that the Caldwell Airport is well positioned for growth. He emphasized that the Airport
Commission is not an enforcement league.
He noted that the Airport Master Plan was completed in 2010, There are approximately 500 air craft
based at the Caldwell Airport with 570 hangars at the site. The estimated 'andings and take rffs
amounts to 160,000 each year, which makes Caldwell Airport the busiest airport in the State of
Idaho.
Mayor Nancolas thanked Mr. Fouts for providing the report.
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BOOK 58 PAGE 11
C. Do+rnron n P!a a — Cunctrrrctum Mnrnneor`Gerrern! Cr rHrrret Seri iecs
Keri Sigman and Brent Orton provided a report concerning the Phase One and Phase Two elements
of the contract for the construction managerigeneral contract sere ce regarding construction of die
Indian Creek Plaza Handouts were provided with questions'answers and the progressive historical
timehne of the project. It was noted that construction would be completed by November 17. 2017 in
conjunction with the annual Winter Wonderland event in downtown Caldwell.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen. SECONDED by Allgood to amend the Consent Calendar b%-,
• Renrovi ng Item 4 per the request ofslaff
REASON: Additional time has been requested by the contractors to submit the appropriate bids.
• Adding Item r 13 under the Consent Calendar to read "Approve Resolution appointing Destination
Caldwell, Inc, an Idaho non-profit corporation. to adaunrster the Downtown Caldwell 8nrsiness
Improvement District, including anv finds derived pursuant to the anthorim granted to the Cm• of
Caldwell under Idaho Code 50-2611. effective upon its passage and approval
REASON, This item was not received by the City Clerk until after the agenda ++as posted,
• Adding Item 0 14 under the Consent calendar to read: "Approve a resohirion ranking finalist
Construction Manager/General Contractor (CAfGCe candidates for CMGC services on the Indian
Creek PIa_a in conformance with Idaho Code 67-23. "
REASON- The final ranking ++as not completed until after the docket was posted
In response to questions from Councilman Hopper, Mr. Orton clarified that the bids relative to Items #3 and 44
under the Consent Calendar are independent of each other.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
l Approve acceptance ofthe minutes ofthe Special City Council Meeting held on December 30. 2016.
the Regular City Council Meeting held on January.). 2017; and the Special City Council Meeting held
on January 9.2017;
2. Approve the Order of Dccision for Case No. SUB- 16F-10 (Virginia Part. No. 8 Final Plat):
3. Approve Resolution No. 08.17 awarding an informal bid of the elevator installation in an amount not
to exceed $99.000 at the Caldwell Veterans Memorial Hall;
4_ Approve Resolution No. 09-17 awarding an informal bid for the construction of the elevator building
and lobby in the amount not to exceed S70.000 at the Caldwell Veterans Memorial Hall.
IREMOVEDI
5 Approve Resolution No. 10-17 authorizing the Engineering Department to apply for federal funding in
conjunction with Canyon Highway District No. 4 for a 2018 STP-Urban Grant which would provide
pavement rehabilitation and maintenance to a City road section and to commit to funding the local cost
share of 7.43% ofthe City's portion of the project:
6. Approve Resolution No. 1 I-17 authorizing the acceptance of an Instructor Agreement with Carla
Barron and the Caldwell Recreation Department as an independent instructor;
7. Approve Resolution No. 12-17 authorizing the execution of the Grant Agreement from the U.S.
Department of Housing and Urban Development for the 2016 Community Development Block Grant
(CDBG) Grant Award in the amount of $419,146.00:
8. Approve the request to ratify the appointment of members and two sub -committee members to the
Caldwell Veterans Council. Inc. for the year 2017 in accordance with the City of Caldwell Resolution
No. 09-15 dated January 5, 2015:
9. Approve the appointment of Irma Chambers to the Friends of the Depot Committee for a term to
expire December 31. 2019:
10, Approve the appointment of the Caldwell Mavor's Youth Council Executive Members: Delphia
Lloyd (CHS), Breanna Boutte (Skyview). Armando Guerrero (CHS). Madison Smith (CHS), and Eric
Ramirez (CHS) for a term to expire May 31, 2017;
11. Approve Resolution No. 13-17 authorizing the declaration of surplus equipment from the
Parks/Recreation Department to be donated to a non-profit organization;
12. Approve Emergency Resolution No. 07-17 declaring an emergency pursuant to Idaho Code 67-
2808(1): authorizing the immediate expenditure of public funds for emergency work to safeguard life.
health, and property; +raiving compliance with formal bidding processes: to replace Resolution No. 05-
17 and shall continue in force through February 6, 2017 unless sooner modified by the Caldwell City
Council.
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BOOK 58 PAOF. 9
13. Approve Resolution No `4-17 appointing Destination Caldwell. Inc.. an Idaho non-profit corporation.
to administer the Downtown Caldwell Business Improvement District. including any funds derived
pursuant to the authority granted to the City of Caldwell under Idaho Code 50-261 I. effective upon its
passage and approval: ]ADDEDI
14. Approve Resolution No. 15-17 ranking finalist Construction ManagerlGeneral Contractor (CMGC)
candidates for CMGC services on the Indian Creek Plaza in conformance with Idaho Code 67-23_
]ADDED1
MOVED by Callsen. SECONDED by Stadick to approve the Consent Calendar as amended.
Roll call vote: Those voting yes: Callsen, Stadick, Allgood. Ozuna, and Hopper. Those voting no: none.
Absent and:or not voting: Pollard.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(PUBLIC HEARING (LEGISLATIVE] FOR THE PURPOSE OF RECEIVING PUBLIC
COMMENT CONCERNING THE "PLAZA FA(;ADE DESIGN HANDBOOK" - A COMPANION
DOCUMENT TO THE "DOWNTOWN FRAMEWORK MASTER PLAN.")
Mayor Nancolas explained the legislative process and declared the public hearing open.
Jarom Wagoner, 621 Cleveland Blvd., provided the staff report. He noted that there was a workshop held
at 6:00 pm to provide information to the Council Members and the public concerning the Plaza Fagade
Design Handbook. The resolution will approve the Plaza Fagade Design Handbook as an addendum to the
Downtown Framework Master Plan. The handbook provides various design elements for the exterior
improvements to the buildings along Main Streetlalley ways facing the proposed Indian Creek Plaza. He
emphasized that implementation of the plan will assist in making the buildings more cohesive and
appealing to those coming to the downtown.
In response to questions from Councilman Callsen, the properties located across the street of the proposed
plaza would be under design review in compliance with the Downtown Framework Master Plan.
Mr. Wagoner reported that the Design Review Committee Ordinance will be presented before the Planning
& Zoning Commission to be followed by City Council's consideration in March 2017. The Design
Committee ++ill be using the Downtown Framework Master Plan and the Plaza Fagade Design Handbook
for the basis of their determinations_
MOVED by Callsen, SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 16-17 ADOPTING AS AN ADVISORY DOCUMENT THE
"PLAZA FAQADE DESIGN HANDBOOK" WHICH IS A COMPANION DOCUMENT TO THE
"DOWNTOWN FRAMEWORK MASTER PLAN" AND IS A GUIDELINE FOR DEVELOPMENT
IN THE CORE AREA OF THE CITY CENTER ZONING DISTRICT)
The Mayor read the resolution by its title only.
RESOLUTION ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING AS
AN ADVISORY DOCUMENT THE "PLAZA FACADE DESIGN HANDBOOK"
WHICH IS A COMPANION DOCUMENT TO THE "DOVVNTO)ArN FRAMEWORK
MASTER PLAN" AND IS A GUIDELINE FOR DEVELOPMENT IN THE CORE
AREA OF THE CITY CENTER ZONING DISTRICT.
MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 16-17 thereby adopting the Plaza
Fagade Design Handbook.
Roll call vote- Those voting yes: Callsen, Stadick. Allgood. Ozuna. and Hopper. Those voting no: none
Absent and, or not voting: Pollard.
MOTION CARRIED
(PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ANN-16-07: A REQUEST BY RODNEY
MACK TO ANNEX 2.06 ACRES, MORE OR LESS, WITH AN R-1 (LOW DENSITY
RESIDENTIAL) ZONING DESIGNATION. THE SUBJECT PROPERTY IS LOCATED AT 16130
S. FLORIDA AVENUE (PARCEL 0 R3273900000) IN CALDWELL, IDAHO)
Mayor Nancolas provided and explanation of the quasi-judicial process and declared the public hearing
open. He asked the City Clerk to swear in those wlso would be providing public testimony within both
public hearings.
CC ��
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BOOK 51# PAGE 10
Jarom Wagoner. 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report He
noted that the subject property fronts Florida Avenue. The surrounding properties are within the
boundaries of unincorporated Canyon County. To the west of the site is a residential subdivision
(Sawgrass) located within the City Limits and zoned R-I. The request is in compliance with the
Comprehensive Plan Map. The applicant would connect to city service at the time of construction along
with the dedication of right-of-way along the Florida frontage Staff recommends that a deferral
agreement be put in place regarding sidewalk construction.
Councilman Hopper expressed his concern that approved deferral agreements are acted upon and not
forgotten
Jarom Wagoner reported that the deferral agreement would be included on the following City Council
Meeting Agenda for consideration An Engineering Department staff will be assigned for the creation of
deferral agreements as approved by City Council and outlined within the conditions of approval.
Brent Orton reported that all land -use items are now tied to the CIS mapping system so that staff has access
to land -use information concerning parcels located within City Limits. This resource is a strong research
tool for staff when discussions are held with potential developers.
Rodney Mack, 1028 W_ Victory Road, Meridian acknowledged being sworn in and spoke in favor of the
request. He reported that he has not been successful in having the parcel acknowledged for access purposes
through Canyon County.
Councilman Allgood asked if the parcel is being taxed through Canyon Counn-.
Mr Mack reported that the parcel is current with Canyon County tax assessments.
MOVED by Stadick. SECONDED by Hopper to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO, ANN-16-07:
The Mayor presented the Evidence List: staff report, sign-up sheets. and the aerial map presented within the
staff report.
MOVED by Hopper, SECONDED by Stadick to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-16-07:
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-16-07:
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.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN-16.07:
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.
MOTION CARRIED
ORDER OF DECISION ON CASE NO, ANN-16-07:
MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law. the
Caldwell Ciry Council hereby orders that Case Number ZON-16.07 a request by Rodney Mack to annex
2.06 acres, more or less. with an R-I (Low Density Residential) zoning designation for the prop", located
at 16130 S. Florida Avenue (Parcel 1i R3273400000) in Caldwell, Idaho is approved with the conditions as
outlined within the staff report.
Roil call vote. Those voting yes: Hopper, Callsen, Stadick, Allgood. Ozuna. Those voting no: none.
Absent and/or not voting: Pollard.
MOTION CARRIED
MOVED by Hopper. SECONDED by Ozuna to close the public hearing.
MOTION CARRIED
cu," ly_�'
rBOOK 58 l
PAGE I
(CONSIDER BILL NO. 53 (ORDINANCE NO. 3079) FOR CASE NO. ANN-16-07 (MACK
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 CONY 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 Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 53
(Ordinance No. 3079) on its first reading by title only.
Roll call vote: Those voting yes: Callsen, Stadick, Allgood, Ozuna, and Hopper. Those voting no: none.
Absent and/or not voting: Pollard.
MOTION CARRIED
MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 53 (Ordinance No. 3079), move for its
Passage by title only, and approve the summary for publication.
Roll call vole: Those voting yes: Callsen, Stadick, Allgood, Ozuna, and Hopper. Those voting no: none.
Absent and/or not voting: Pollard.
MOTION CARRIED
(PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. APP-16-07: A REQUEST BY JOHN DYER
AND ROD BOW TO APPEAL THE HEARING EXAMINER'S APPROVAL OF CASE FILE 4
SUP46-16, FOR A SPECIAL -USE PERMIT TO CONSTRUCT 21 FOUR-PLEX RESIDENTIAL
STRUCTURES WITHIN THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT,
THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF MIDDLETON ROAD,
BETWEEN THE SKYWAY STREET ALIGNMENT AND LINDEN ROAD (PARCEL ti'S
R3430701100, R3430700000, AND R3430101100) IN CALDWELL, IDAHO)
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the contents of the staff
report. He provided a handout indicating elevations of the proposed development which the Mayor labeled
as CC-1000.
Mr. Wagoner noted that the Hearing Examiner approved SUP-] 6-16 allowing the construction of?1 4-plex
residential structures within the R-2 (Medium Density Residential) Zoning District. On December 5, 2016
City Council heard the request for the annexation and preliminary plat for the Mason Creek Landing
Subdivision. The preliminary plat request included the 21 lots on which the 4-p,ex units were to be located
as well as the development agreement detailing the construction of the 4-plex units. The City Council
approved these requests with a unanimous decision. On December 6, 2016 the appe: ants submitted their
request to appeal the Hearing Examiner's original approval for the construction ofthe 4-plex structures.
The property has frontage on Middleton Road (a principal arterial roadway) and Linden Road (a minor
arterial roadway). He noted that the development complies with City Code.
Mr. Wagoner clarified possible action by City Council:
• Uphold the Hearing Examiner's original approval with the conditions as stated.
• Update the Hearing Examiner's original approval with modifications to the conditions.
• The Hearing Examiner's decision may be overturned.
In response io questions from Councilman Stadick, Mr. Wagoner stated that there is a requirement for a
landscape buffer and a six foot fence between the subdivision development and the farmland subject
Parcels outlined within the staff report's conditions of f pproval.
Rod Bow, 10628 Linden Road, acknowledged being sworn in and spoke in t vor of the reque.,t. He noted
that the request is to remove the multi -family development surrounding the working farmland parcel. He
expressed his concern regarding the incompatibility, safety, and traffic congestion cf the mufti -family
complexes affecting the surrounding agricultural use. He recommended that the subject parcel's use be
developed as single family residential homes and not multi -family units. He suggested that the multi-
family use be delayed and placed on property (4.5 acres) currently under purchase option with his parents
located to the north of the development.
rBOOK 5& PAOE io
In response to questions from Councilman Stadick, Mr. Dyer reported that the subject property has been
aerial sprayed in the past but they are now limited due to the number of subdivisions locating Hithin the
area.
John Dyer, 10760 Linden Road, acknowledged being sworn in. He expressed his concern with liability
and safety issues regarding the current workable farmland operations and the possibility of small children
entering the agricultural property.
In response to questions from Councilman Stadick, Mr. Dyer reported that he and Mr. 13ow had originally
requested a single family residential development at the site.
Kent Brown, 3161 Springwood, Meridian, spoke in opposition to the request He noted that the developer
is willing to place a fence buffering the development from the farmland. He noted that the Planning
Examiner was amenable to not clustering all ofthe multi -family developments within one area.
Councilman Callsen asked about a possible trade ofthe property referenced in public testimony owned by
the parents of Rod Bow.
Mr. Brown responded that there is already a purchase option on the noted parcel owned by the parents of
Mr. Bow. The circulation of the development is dependent on the placement of the multi -family units as
proposed in the current plan.
In response to questions from Councilman Allgood, Mr. Brown reported that a solid fence would assist in
mitigating the concerns expressed by Mr. Bow and Mr. Dyer.
In rebuttal, Mr. Bow emphasized his desire for an exchange of the parcel to the north for the subject parcel
(currently owned by his parents) for the subject parcel located to the south where the multi -family units are
being planned. He noted that the farm parcels are used for raising cattle and thus safety concerns are an
issue. He questioned if the subject parcel could be developed last thus possibly allowing for the parcel
trade.
In response to questions from Councilman Callsen, Mr. Brown stated that the subject parcel would be
developed towards the end of completion.
Councilman Allgood asked what the length of time has been allotted for the development to be completed.
Mr. Broom reported that the development will be built in phases thereby taking multiple years to build out.
MOVED by Stadick, SECONDED by Hopper to close the public testimony portion of the hearing.
EVIDENCE LIST FOR CASE NO. APP-16-07: MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign-up sheets, the aerial map of ANN-16-07, SUB-
16P-02, SUP-16-16, and CC-1000 (an elevation packet presented by Jarom Wagoner).
MOVED by Hopper. SECONDED by Stadick to accept the Evidence List as presented.
FINDINGS OF FACT ON CASE NO. APP-16-07: 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 the issue
from the applicant is primarily an appeal over safety concerns.
CONCLUSIONS OF LAW ONCASE NO, APP-16-07: MOTION CARRIED
MOVED by Callsen, 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 ofapplicable state codes and local ordinances.
ORDER OF DECISION ON CASE NO. APP-16-07: MOTION CARRIED
MOVED by Callsen, SECONDED by Hopper based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case Number that the Hearing Examiner's approval of Case File
9 SUP-16-16 to allow for the construction of 21 4-pier residential structures within the R-2 (Medium
Density Residential) Zoning District for the properties located on the east side of Middleton Road, between
the Skyway Street alignment and Linden Road (Parcel A's R3430701100, R3430700000, and R3430101100
in Caldwell Idaho be upheld with the addition of the following condition of approval: Add a provision
for an approved six-foot privacy fence to address safety issues as discussed within public testimony. At the
minimum, the fence would buffer the farmland as noted within the appeal application located to the south
of the development which is owned by Rod Bow and John Dyes. The fence world be boill in ca junction
with the construction ofthe road within the limeframe as outlined within public testimony.
CC ";,"
BOOIk 4S PAGE l3
Councilman Callsen clarified that the subject parcel will possiblN not be developed for at least a period of
five years or longer. The developer has met the provisions o(the Cith code and will include a privacy
fence to address the noted safety concerns
Councilman Hopper stated that within the development timeframe (which has been explained in testimony)
there possibly could be additional changes to the parcels surrounding the area. Often when development
occurs within an area to this magnitude. the adjacent areas tend to develop more quickly For this reason.
detailed planning is vital to make the development sustainable with other potential future activity within the
area and not for what the current use may be at the time of the application.
Roll call vote. Those voting yes Callsen, Allgood, Ozuna, and Hopper. Those voting no- Stadick. Absent
and'or not voting. Pollard.
MOTION CARRIED
MOVED b) Ozuna. SECONDED b% Hopper to close the public hearing
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of $676,595.70 for the period ending January 9, 2017 and net payroll in the amount of S346.100 24
for pay period ending on December 24. 2016.
MOVED by Allgood. SECONDED by Hopper that accounts pax -able to the amount of S676,595.70
represented by check numbers 121066 through 121226 and payroll for the total amount of S346,100.24
represented by check numbers 30796 through 30815 and payroll direct deposits, be accepted. payment
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Callsen reported that the Mayor's Youth Advisory Council fundraiser dinner will be held on
February I I'h. In the past City Council has donated funds to sponsor two tables at the event at the cost of
$300 per table. City Council has invited other dignitaries to join them at the reserved tables as well. It
was agreed to move forward with this expenditure.
Councilman Callsen submitted a written statement requesting recognition of employees involved with
keeping the City of Caldwell roadways safe during to the recent surge of winter storms. He read his
request into the record:
"Tire street department employees, along with the help of ennplot ees fi•orn the +rarer department, irrigation
department, parks department. and tire sewer department hare worked aromrd the clock and iveekends to
keep lire roads passable. Without their effort,,; the police, fire, EMS, meals on wheels, and mm?y other
services. that our cilicens rely upon, mrould home been hampered making a ante "sia1e of emergency ".
The efforts of the street department, the ivarer department, irrigation department. parks department, and
die seiner department hare been seen and beard with the deepest of shanks for their endless dedication to
the people that we all sense. A big thank -ton should also be expressed fo the families that make rite
sacrifices when these employees are nor home during the rime of Bach emergencies. Each and eren
employee deserves to be recognized because thei are whar make Caldwell the comnnoriA, ire lore it) call
home. "
Each of the Council Members concurred with the statement from Councilman Callsen.
(MAYOR'S COMMENTS)
2016 Alm.or's )'ea, -End Reporl:
The Mayor read his year-end report into the record:
i respectfully submit 10 you the following information to serve as mY 2016 )car End Report, hr my capacity•
ofdlm•or. I hm,e:
• Chaired andlor attended 937 nncerings
• Worked 253 our of 250 calendar irork dins
• Worked 2.628.2.5 hours (City• Code requires me to hark 1. -96 hours less holidays and
vacation dins)
In 2016, 1 attended the following conferences and lrainings:
• National League of Cities Conferences in Washington, D.C.
• National League of Dries Conference in Pittsburg, Pennsylramia
• LRIS Seminar on Police Labor Lmrs in Las I 'egas, Arerado
• AA RC (National Association for Regional Co ncils) for COMPASS in Si. Louis (fiarded by
COMPASS)
• NLC Leadership Training Conference in Madison. Wisconsin (partial scholarship fmonding)
�C� y
r r
BOOF: �8 PAGE 14
1 continue to represent the Cirr of Caldwell on niancrous agency- boards such as the Chairman of
COMPASS: COMPASS Finance and Executive Committee, the I aRev Regional Transit Exectuive
Committee, Idaho cities representative as Chairman of the IPSCC (Idaho Public Safehv Communications
Commission), Chairman of the AW Im•esnoeru Committee, Board of Directors for AARC (Idaho
Transportation). and rite City Representative on the ICRMP Board
It has been a pleasure to ivork wirlt rite Cih• Corurcil hlenrbers and Cin• ata,(f rua-rrrbers over the pasr }•car I
look farirard to another great ) -ear in 1016.
MOVED by Callsen. SECONDED by Allgood to accept the report and express appreciation to the Mayor
for his outstanding efforts in serving this community.
MOTION CARRIED
Calendar- Events:
The Mayor reported that he and his wife will be out of town in observance of their 40`h wedding
anniversary during the City Council Meeting scheduled for March 6. 2017, Council President Dennis
Callsen will be chairing that meeting.
Revenue Report from Caldwell Event Center:
The Mayor provided a report from Mark Davis concerning CEC $7.100 revenue for the sale of the old
basketball floor and a 1990 Toyota pickup. It was noted that the funds will be used for various projects
such as the O'Connor Field House exterior sign replacement. maintenance for the CEC tractor, and the
purchase of a 4' x 6' display board showing archive photos and articles of the Caldwell Event Center to
be placed in the O'Connor Field House.
ih• of Caldwell Taxicabs and Commercial Transportation Ordinance:
Aaron Seable reported that the Idaho Legislature determined in 2016 that UBER cannot be regulated by
individual municipalities. Discussion followed concerning the pros and cons of repealing the current
ordinance regulating taxicabs operating within the City of Caldwell It was noted that the City of Nampa
recently moved to repeal their taxicab ordinance in light of current happenings ss ith UBER.
(EXECUTIVE SESSION)
MOVED by Callsen, SECONDED by Ozuna to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection (c) for the purpose of discussing the acquisition of or an interest in real
property not owned by a public agency and Subsection (1) for the purpose of discussing pending
litigation or where there is a general public awareness of probable litigation at 9:1 1 p.m.
Roll call vote. Those voting yes: Callsen, Pollard. Stadick. Allgood. Ozuna. and Hopper. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper. SECONDED by Callsen to reconvene into Regular Session.
(ADJOURNMENT)
MOVED by Hopper. SECONDED by Stadick to adjourn at 9:29 p.m.
MOTION CARRIED
MOTION CARRIED
APPROVED AS written THIS 6`h DAY OF February . 2017.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk y
A
ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
JANUARY 17, 2017
Subject: Order of Decision — Case No. SUB-16F-10 (Virginia Park No. 8)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
IN THE MATTER OF THE REQUEST OF THE CITY OF CALDWELL FOR FINAL PLAT APPROVAL OF VIRGINIA PARK
NO. 8; WHICH CONSISTS OF 32 RESIDENTIAL LOTS IN AN R-1(LOW DENSITY RESIDENTIAL) ZONE.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III APPLICABLE LEGAL STANDARDS
IV CONDITIONS OF APPROVAL
I COURSE OF PROCEEDINGS
1.1 On December 29, 2016, the Caldwell Planning and Zoning Department received the final plat
application for Case No. SUB-16F-10.
1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Blvd., as well as applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Challenger Development, 1977 E. Overland Road, Meridian, Idaho, 83642.
2.2 REPRESENTATIVE: Kent Brown, 3161 Springwood, Meridian, Idaho, 83642.
2.3 LOCATION: Ferncliff Avenue and Penobscot Street.
2.4 REQUEST: The applicant is requesting final subdivision plat approval for Virginia Park Subdivision No. 8
consisting of 32 residential lots. The subdivision is located in an R-1(Low Density Residential) zone.
2.5 BACKGROUND: The preliminary plat for Virginia Park Subdivision was approved by the Caldwell City
Council in 2001.
III APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell Zoning Ordinance No.1451, as amended
3.2 City of Caldwell Comprehensive Plan
3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
3.4 City of Caldwell Subdivision Ordinance No. 2768, as amended
IV CONDITIONS OF APPROVAL
4.1 Applicant shall meet the platting requirements as set forth by City Code and in the preliminary plat
approval for this final plat, and for any letters of credit required.
SUB-16F-10 Page 1 of 2
Final Plat Order of Decision- Virginia Park No. 8
cAlf 1 3
i
4.2 Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
4.3 One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning
Department.
4.4 The applicant shall either bond or provide a letter of credit for the required fence to be installed along
the Noble Drain.
CASE NO. SUB-16F-10 WAS REVIEWED BY THE MAYOR AND CITY COUNCIL ON JANUARY 17, 2017.
THE ORDER OF DECISION WAS APPROVED BY CITY COUNCIL MEMBERS, AND ADMINISTRATIVELY SIGNED BY
MAYOR NANCOLAS, ON THE DATE NOTED BELOW.
V
I/r7
Mayor Garret L. Nancolas Date
'•
LINTY,
SUB-16F-10
Final Plat Order of Decision- Virginia Park No. 8
ATTEST:
}}
City Clerk
Page 2 of 2
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