HomeMy WebLinkAboutCity CouncilCITY COUNCIL
ITEM
DATE
SUBMITTED BY
CC- I AGENDA a- . `� - ti�
a , `I
CC-2 MINUTES
CC- ), 1l "�,
r
cc-
CC- S - ?�'lod,
CC-
cc-
CC-
CC-
ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD DECEMBER 15, 2014
SIGNED JANUARY 5, 2015
SUBJECT: Case No. OA-04-14 (Subdivision Ordinance Update)
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGS
II. GENERAL FACTS
III. APPLICABLE LEGAL ANALYSIS
IV. TESTIMONY
V. COMPREHENSIVE PLAN ANALYSIS
VI. FINDINGS OF FACT
VII. CONCLUSIONS OF LAW
Vill. ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application OA-04-14, to be held before the Caldwell City Council on December 15, 2014.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been
met. On November 25, 2014 notice was published in the Idaho Press Tribune. Notice was
sent to all political subdivisions located within Caldwell's area of impact and within the City of
Caldwell on November 24, 2014.
1.2 On December 15, 2014, the Caldwell City Council voted to approve the request.
1.3 Files and exhibits relative to this application are available for review in the Caldwell Planning
and Zoning Department, 621 Cleveland Blvd., Caldwell as well as applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Planning and Zoning Department, 621 Cleveland Blvd., Caldwell, ID 83605.
2.2 REQUEST: This is a proposal from the City of Caldwell's Planning and Zoning Department to
amend portions of Chapter 11 of City Code.
2.3 TEXT CHANGE CONSIDERATIONS:
See draft ordinance.
Ill APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell Zoning Ordinance, as amended.
3.2 City of Caldwell Comprehensive Plan, as amended.
3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
OA-04-14 (Subdivision Ordinance Update) Page 9 of 3
City Council Order of Decision
IV TESTIMONY BEFORE THE CITY COUNCIL, DECEMBER 15, 2014
4.1 Jarom Wagoner, 621 Cleveland Boulevard, presented the staff report and outlined its content
stating the reasoning for the code amendment.
John Evans, 5699 N. Riffle Way, Garden City, spoke in favor of the amendment.
MOVED by Hopper, SECONDED by Biggers to close the public hearing.
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell City Council accepts the Comprehensive Plan components as listed below:
5.1 CONSISTENT WITH THE COMPREHENSIVE PLAN: The request is consistent with the
following components of the Comprehensive Plan:
Property Riahts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
OBJECTIVE A: To establish a sound basis for land use and environment regulations through
comprehensive planning and adopted policies and ordinances.
OBJECTIVE D: To assure that development pays its fair share by establishing a rational,
equitable basis for calculation the type of any exaction, or the amount of any impact fee.
Economic Development —
GOAL IV: To create neighborhoods where citizens can live, work and play.
Land Use —
GOAL I: To establish land -use management policies that protect property rights and the
environment, maintain a high quality of life, provide adequate land for all types of
development, and adequately buffer non -compatible uses.
GOAL II: To create a strong sense of community and place.
GOAL III: To create communities that are more livable, affordable and ecologically
sustainable.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the
health, safety, and general welfare of residents will be protected.
Community Design —
GOAL: Foster growth in a manner that will enhance and improve the City's visual image.
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
VI FINDINGS OF FACT
6.1 The Caldwell City Council accepts the general facts outlined in the staff report, public
testimony and the evidence list.
OA-04-14 (Subdivision Ordinance Update) Page 2 of 3
City Council Order of Decision
W
VII CONCLUSIONS OF LAW
7.1 The Caldwell City Council has the authority to hear this case and to order that it be approved
or denied. Public hearing notification requirements were met, and the hearing was conducted
within the guidelines of Idaho Code and City ordinances.
XIII CITY COUNCIL ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby
orders that Case No. OA-04-14, a request by the City of Caldwell Planning & Zoning
Department to amend and update Chapter 11 of City Code, is hereby approved.
CASE NO. OA-04-14 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING
HELD DECEMBER 15, 2014.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A
REGULARLY SCHEDULED MEETING HELD JANUARY 20, 2015.
bo4f&�-�.
Mayor Garret L. Nancolas
►`' OF
Cq••,
o� •S
9�o r
0'J' •••"R.9
fffffflfflfl
.'
O
t•
ATTEST:
City Clerk
OA-04-14 (Subdivision Ordinance Update) Page 3 of 3
City Council Order of Decision
BOOK 56 r
rGE6
REGULAR MEETING
January 20,2015
7:00 P.M.
The Mayor welcomed those in attendance. Ile asked Pastor Rick Stockman of the Christian Faith Center
Caldwell Campus to lead the invocation. Members of the audience were asked to participate in the PledOc of
Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Callscn, Pollard,
Biggers, Ozuna, and Hopper,
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Cheryl Adams, American Government teacher from Caldwell High School was acknowledged by Mayor
Nancolas. The students stood and introduced themselves.
The Mayor also acknowledged Anna Slaver, Reporter from the Idaho Press Tribune, Leora Summers,
Editor from the Caldwell Perspective, and Theresa Hardin, Executive Director from the Caldwell Chamber
of Commerce.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
I. Approve acceptance of the minutes of the Regular City Council Meeting held January 5,
2015; the Caldwell Planning and Zoning Commission Meeting held December 9, 2014; the
Caldwell Traffic Commission Meeting held on January 5, 2015; the Senior Center Board
Nleeiing held December 8, 2014; the Caldwell Industrial Airport Commission Meeting held
January 8, 2015; the Caldwell Public Library Special Board Meeting held December 4,
2014; and the Downtown Caldwell Organization Meeting held January 7, 2015;
2. Approve the Order of Decision for Case No. SUB-02(3)F-14 (Sienna Hills No. 3),
3. Approve the Order of Decision for Case No. SUB-201(3)F-09 (Caldwell Commons No. 3);
4. Approve the Order of Decision for Case No. OA-04-14 (Subdivision Ordinance Amendment);
5. Approve request to destroy records from the Recreation Department, the City Clerk, the Water
Department, Human Resources, Fire Department, and Mapping Department as recommended by the
City Clerk;
6. Approve Resolution No. 14-15 authorizing the execution of a Farm Lease associated with City -
owned property with Todd Molko effective January 20, 2015 through January 20, 2016;
7. Approve Resolution No. 15-15 accepting the assessment roll for L.I.D. 13-2 and set the public
hearing for Tuesday, February 17, 2015;
8, Approve Resolution No. 16-I5 accepting the assessment roll for L.I.D. 14-1 and set the public
hearing for Tuesday, February 17, 2015;
9- Approve Resolution No. 17-I5 accepting the assessment roll for L.I.D. 14-? and set the public
hearing date for Tuesday, February 17, 2015;
10. Approve Resolution of Intention No. 12-15 for Ihe formulation of L.I.D. 15- I, a district for the
payment of concrete curbs, gutters, sidewalks, pedestrian ramps, and drive approaches on City right-
of-way and set the date for the Protest Hearing for Tuesday, February 17. 2015.,
11- Approve Resolution of Intention No. 13-15 for the formulation of L.I.D. 15-2, a district for the
payment of sewer, wal4r, and pressure irrigation connection fees in the City of Caldwell and set the
dale for the Protest Hearing for Tuesday, February 17, 2015;
12. Approve Resolution No. I8-15accepting the Idaho Transportation Department Idaho
Airport Aid Program (IAAP Project Number: 3-16-0045-024) Grant Award in the amount
of $9,542 for the Caldwell Industrial Airport,
IS- Approve Resolution No. 19-15 ratifying the Memorandum of t:rtderstanding between the
State of Idaho or Probation and Parole and the Caldwell Police Department;
14. Approve Resolution No. 20-15 accepting the 2015 Irrigation Assessment Roll, accepting
Estimate of Expenses for Irrigation System, setting Irrigation Assessments and Fees, and
setting the date and place for the Board of Corrections Meetings for March 11-13, 2015
pursuatil to Idaho Code for pressure irrigation provided by the Caldwell Municipal
Irrigation District;
5. Approve Resolution No. 21-15 authorizing the renewal of the Cost Recovery Agreement
with FWF Caldwell, LLC;
16. Approve Resolution No. 22-I5 ratifying the License Agreement between the City of
Caldwell, Heritage Community Charter School, and Pioneer Irrigation District for [lie
BOOK 56 r
PA
construction of a pressure irrigation pump station and associated appurtenances along the
Low Line Canal adjacent to school property located at 1803 E. Ustick Road;
17. Approve Resolution No. 23-15 ratifying the purchase of three (3) Vaughan Chopper pumps
from Wlvl. 1-I. Reilly & Company for the Farmway Regional Lift Station in an amount not
to exceed $49.875.
18. Approve Resolution No. 24- 15 authorizing the execution of the Idaho Transportation
Department and Six 1vlile Engineering Local Professional service Agreement for design of
the Centennial Way Roundabout;
19. Approve Resolution No. 25-15 authorizing the night -of -Way Purchase Agreement with
Philip D. Cook for frontage properly along 4505 S. 10°i Avenue (Parcel No.
R3257600000);
20. Approve Resolution No. 26-15 to accept a Quit Claim Deed from Philip D. and Ruby E.
Cook for future right-of-way development along 4505 S. i0'h Avenue (Parcel No.
R3257600000).
MOVED by Pollard, SECONDED by Biggers to approve the Consent Calendar as presented.
Roll call vote: Those voting yes: Pollard, Biggers, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(RECOMMENDATION FROM MAYOR NANCOLAS FOR A CITY COUNCIL MEMBER TO
FILL CITY COUNCIL SEAT 95)
The Mayor explained the selection process which was followed in filling the open position left by
Councilran Jim Blacker who passed away due to a blood clot on October 26, 2014,
• The public was invited to submit letters of interest for the vacancy.
• An interview committee was created to include business leaders and local citizens. All
fourteen candidates who submitted a letter of interest were interviewed.
• The final interview of the top two candidates was conducted by City Council President
Dennis Callsen and Mayor Nancolas.
The Mayor announced the name of Jeremy Feucht as the recommendation for appointment to fill
Council Seat 15,
MOVED by Pollard. SECONDED by Callsen to approve the recommendation of Jcremy Feucht as the
City Council Member to fill City Council Seat �,5.
Councilman Callsen expressed his appreciation to the many citizens that provided a letter of interest
for the position. He encouraged those %vho did apply to continue to pursue involvement within the City
of Caldwell.
It was noted that there currently is a need for a new member on the Planning & Zoning Commission.
Letters of interest may be submitted to the Planning & Zoning Director, Brian Billingsley.
The Mayor expressed his thanks for those who served on the interview committee to include Theresa
Hardin, Jim Porter, Bessie Hunsicker, Mikc Po -'lard. Jasper LiCalzi,
Roll call vote. Those voting yes: Pollard, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
note. Absent and/or not voting- none.
MOTION CARRIED
The Mayor performed the Oath of Offee
Mr. Feucht expressed his appreciation to be representing the citizens of Caldwell. He introduced his
wife. Ashley and acknowtedf ed family and friends who were also in attendance.
(PUBLIC HEARING (LEGISLATIVE): REGARDING THE PROPOSED TRANSFER OF
CERTAIN DRAINAGE FACILITIES FROM PIONEER IRRIGATION DISTRICT TO THE
CITY OF CALDWELL PURSUANT TO IDAHO CODE §§67-2322, 2323 AND 2324 AND
RATIFICATION OF THE DRAIN TRANSFER AGREEMENT)
The Mayor declared the Public Hearing open noting that no one signed up to provide public testimony.
Aaron Scable, 1 103 121h Avenue Road, Nampa, provided the staff report outlining the proposed transfer
of drainage facilities from Pioneer Irrigation and the history of the request. He noted that a public
BOOK 56 r
7 13 r_ 8
hearing will be held at Pioneer Irrigation District on February 2nd to complete the process. The Transfer
Agreement is associated with Drains A, B, and C.
Councihnan Hopper spoke in favor of the request.
The Mayor expressed his appreciation for the legal staff representing the Cily of Caldwell and Pioneer
Irrigation during this process.
MOVED by Hopper, SECONDED by Pollard to close the public hearing.
MOTION CARRIED
MOVED by Hopper, SECONDED by Pollard to ratify the Drain Transfer Agreement between Pioneer
Irrigation District and pursuant to Idaho Code 67-2322, 67- 2323. and 67-2324.
Roll call vote: Those voting yes: Pollard, Biggers, Feuchi, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent andfor not voting: none.
MOTION CARRIED
(PUBLIC HEARING (LEGISLATIVE): CASE NO. OA-03-I4, A REQUEST BY THE
CALDWELL PLANNING & ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER
10 (ZONING ORDINANCE) OFTHE CALDWELL CITY CODE)
Jarom Wagoner, 621 Cleveland Blvd., provided the staffreport outlinig the amendment to Chapter 10 of
the Caldwell City Code with the following changes:
Updates the Land Use Schedule with additions of Bail Bond Use, and changes to Used
Passenger Vehicle Sales, and medical offices and similar medical uses.
Revises the setback requirements in the R-I zone for existing lots.
Reduces the number of allowable pets in regards to cats from 10 to 5 and the number of
allowed peacocks from I to 0.
Provides new definition for bail bond use.
Requires neighborhood meetings to take place prior to accepting a land -use application.
Updates the Land Use Schedule within the City Center Zone to allow for Bail Bond
Use and Office -Business, Professional with approval of a Special Use Permit.
Updates the Land Use Schedule within the Mixed Use Districts to prohibit Bail Bond
Use within the 1-1-C (Highway Corridor) and to allow for Bail Bond Use within the T-N
(Traditional Neighborhood) with approval of a Special -Use Permit.
Discussion followed concerning the bail bond changes as outlined in the proposed ordinance. Mr,
Wagoner stated that the owner of Staci Bail Bonds was planning to relocate their business in a C- I Zone
due to Canyon County purchasing the building at their current location on Albany Street.
Staci from Slaci's Bail Bonds reported that she has signed a lease at 2010 Cleveland Boulevard to
relocate her business.
The Mayor encouraged Ms. Stacey to meet with Planning & Zoning staff concerning land -use isiues
dealing with the relocation of her bail bonds.
Brian Billingsley, 621 Cleveland Blvd., reported that options would be discussed with M; Stacey.
MOVED by Hopper, SECONDED by Pollard to continue the public hearing to the next Regular,y
Scheduled City Council Meeting to be held on February 2, 2015 at 7:00 p.n, with the provision that the
public testimony portion will remain open
MOTION CARRIED
(CONSIDER BILL NO. 29•(ORI INANCE NO. 2982) FOR CASE NO. OA-03-14 (ZONING
ORDINANCE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE -THE. SUMMARY FOR PUBLICATION)
The Mayor noted that action conceming4heotdin-ance in association with Case No. OA-Orl4lws been
continued to the next City Council Meeting to be held on February 2, 2015-
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount
of $983,584,66 for the pericd ending January 12, 2015 and net payroll in the amount of $273, 897.25 for the
pay periods ending December 27, 2014,
BOOK 56 f0*1 PAr
MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $983,584.66 represented
by check numbers 106683 through 106950 and payroll for the total amount of $273,997.25, represented by
check numbers 27979 through 28001 and payroll direct deposits, be accepted, payment approved, and vouchers
filed in the office ofthe City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard stated that the Senior Center members have expressed appreciation to city staff for their
diligence in clearing off the sidewalks at the Senior Center on a regular basis during the winter months.
Councilman Hopper reported on the groundbreaking ceremony which recently took place for the Water and
Sewer Farmway Village Project,
Council Member Ozuna stated her support of the Centennial Way Roundabout Project.
Councilman Biggers reported that President Ozuna will be speaking at Boise State University tomorrow,
Councilman Callsen encouraged interested students to contact TVCC regarding possible educational grant
funding opportunities.
(MAYOR'S COMMENTS)
The Mayor reported that the State of the City will be held on Tuesday, February 3, 2015 - College of Idaho
Jewett Auditorium at 4:00 p.m.
The Basque Dance was recently held at O'Connor Field House. He expressed appreciation to this organization
for their support of giving back to the community through such fund raiser events.
The Mayor's Youth Advisory Council meeting. is scheduled for January 21 ' at 6:00 p.m.
The Mayor provided an update in potential Idaho legislative items.
The Mayor requested that the Council Members review the Council Liaison Assignment List and report to the
Mayor of possible changes.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Ozuna to adjourn at 8:00 p.m
MOTION CARRIED
APPROVED AS written THIS 2nd DAY OF February, n. 2015.
Mayor
Councilperson
Ouncil erson�
C3� /
Councilperson
ATTE§T: �.```�
cit}%•%*
City Clerk z
y_ �2 r
O • .o
�r o. n
�'•... �dAHO
...•``��
BOOK 56 r
rGE8
hearing will be held at Pioneer Irrigation District on February 2"d to complete the process. The Transfer
Agreement is associated with Drains A, B, and C.
Councilman Hopper spoke in favor of the request.
The Mayor expressed his appreciation for the legal staff representing the City of Caldwell and Pioneer
Irrigation during this process.
MOVED by Hopper,.SECONDED by Pollard to close the public hearing.
MOTION CARRIED
MOVED by Hopper, SECONDED by Pollard to ratify the Drain Transfer Agreement between Pioneer
Irrigation District and pursuant to Idaho Code 67-2322, 67- 2323, and 67-2324.
Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING (LEGISLATIVE): CASE NO. OA-03-14, A REQUEST BY THE
CALDWELL PLANNING & ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER
10 (ZONING ORDINANCE) OFTHE CALDWELL CITY CODE)
Jarom Wagoner, 621 Cleveland Blvd., provided the staff report oullinig the amendment to Chapter 10 of
the Caldwell City Code with the following changes:
Updates the Land Use Schedule with additions of Bail Bond Use, and changes to Used
Passenger Vehicle Sales, and medical offices and similar medical uses.
Revises the setback requirements in the R-1 zone for existing lots.
Reduces the number of allowable pets in regards to cats from 10 to 5 and the number of
allowed peacocks from 1 to 0.
Provides new definition for bail bond use.
Requires neighborhood meetings to take place prior to accepting a land -use application.
Updates the Land Use Schedule within the City Center Zone to allow for Bail Bond
Use and Office -Business, Professional with approval of a Special -Use Permit.
Updates the Land Use Schedule within the Mixed Use Districts to prohibit Bail Bond
Use within the H-C (Highway Corridor) and to allow for Bail Bond Use within the T-N
(Traditional Neighborhood) with approval of a Special -Use Permit.
Discussion followed concerning the bail bond changes as outlined in the proposed ordinance. Mr.
Wagoner slated that the owner of Staci Bail Bonds was planning to relocate their business in a C-1 Zone
due to Canyon County purchasing the building at their current location on Albany Street.
Staci from Slaci's Bail Bonds reported that site has signed a lease at 2010 Cleveland Boulevard to
relocate her business.
The Mayor encouraged Ms. Stacey 10 meet with Planning & Zoning staff concerning land -use issues
dealing with the relocation of her bail bonds.
Brian Billingsley, 621 Cleveland Blvd., reported that options would be discussed with Ms. Stacey.
MOVED by Hopper, SECONDED by Pollard to continue the public hearing to the next Regularly
Scheduled City Council Meeting to be held on February 2, 2015 at 7:00 p.m. with the provision that the
public testimony portion will remain open.
MOTION CARRIED
(CONSIDER BILL NO. 29 (ORDINANCE NO. 2982) FOR CASE NO. OA-03-14 (ZONING
ORDINANCE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor noted that action coneeming the ordinance in association with Case No. OA-03-14 has been
continued to the next City Council Meeting to be held on February 2, 2015.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amounr
of S983,584.66 for the period ending January 12, 2015 and net payroll in the amount of S273, 897.25 for the
pay periods ending December 27, 2014.
BOOK 56
1. ,F 9
MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $983,584.66 represented
by check numbers 106683 through 106950 and payroll for the total amount of $273,897.25, represented by
check numbers 27979 through 28001 and payroll direct deposits, be accepted, payment approved, and vouchers
tiled in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard stated that the Senior Center members have expressed appreciation to city staff for their
diligence in clearing off the sidewalks at the Senior Center on a regular basis during the winter months.
Councilman Hopper reported on the groundbreaking ceremony which recently took place for the Water and
Sewer Farmway Village Project.
Council Member Ozima stated her support of the Centennial Way Roundabout Project,
Councilman Biggers reported that President Obama will be speaking tomorrow at Boise State University,
Councilman Callsen encouraged interested students to contact TVCC regarding possible educational grant
funding opportunities.
(MAYOR'S COMMENTS)
The Mayor reported that the "State of the City" address will be held on Tuesday, February 3, 2015 — Col;ege of
Idaho Jewett -Auditorium at 4:00 p.m.
The Basque Dance was recently held at O'Connor Field House. He expressed appreciation to (his organization
for their support of giving back to the community through such fund raiser events.
The Mayor'§ Youth Advisory Council meeting is scheduled for January 21" at 6:00 p.m.
The Mayor provided an update in potential Idaho legislative items.
The Mayor requested that the Council Members review the Council Liaison Assignment List and report to the
Mayor of possible changes.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Ozuna to adjourn at 8:00 p.m.
MOTION CARRIED
APPROVED AS written THIS 2"4 DAY OF_ February 2015.
Councilperson
ATTE T:
City Clerk
N�_
Councilperson
Cn6 c�rs n}Y
J
Councilperson
••••
CITY "111,
°yap
o;
✓
;may
dip
•.
rBOOK 56 r
PAGE 6
REGULAR MEETING
January 20, 2015
7:00 P.M,
The Mayor welcomed those in attendance. He asked Pastor flick Stockman of the Christian Faith Center —
Caldwell Campus to lead the invocation. Members of the audience were asked to participate in the Pledge of
Allegiance to the Flag.
The Roll of the Ctty Council was called by the City Clerk with the following members present. Callsen, Pollard,
Biggers, Ozuna, and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Cheryl Adams, American Government teacher from Caldwell High School was acknowledged by Mayor
Nancolas. The students stood and introduced themselves.
The Mayor also acknowledged Anna Slaver, Reporter from the Idaho Press Tribune, Leora Summers,
Editor from the Caldwell Perspective, and Theresa Hardin, Executive Director from the Caldwell Chamber
of Commerce.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
Approve acceptance of the minutes of the Regular City Council Meeting held January 5,
2015; the Caldwell Planning and Zoning Commission Meeting held December 9, 2014; the
Caldwell Traffic Commission Meeting held on January 5, 2015; the Senior Center Board
Meeting held December 8, 2014; the Caldwell Industrial Airport Commission Meeting held
January 8, 2015; the Caldwell Public Library Special Board Meeting held December 4,
2014; and the Downtown Caldwell Organization Meeting held January 7, 2015;
2. Approve the Order of Decision for Case No. SUB-02(3)F-14 (Sienna Hills No. 3);
3. Approve the Order of Decision for Case No. SUB-201(3)F-09 (Caldwell Commons No. 3);
4. Approve the Order of Decision for Case No. OA-04-14 (Subdivision Ordinance Amendment);
5. Approve request to destroy records from the Recreation Department, the City Clerk, the Water
Department, Human Resources, Fire Department, and Mapping Department as recommended by the
City Clerk;
6. Approve Resolution No. 14-15 authorizing the execution of a Farm Lease associated with City -
owned property with Todd Molko effective January 20, 2015 through January 20, 2016;
7. Approve Resolution No. 15-15 accepting the assessment roll for 1,11) 13-2 and set the public
hearing for Tuesday, February 17, 2015;
8. Approve Resolution No. 16-15 accepting the assessment roll for L I.D. 14-1 and set the public
hearing for Tuesday, February 17, 2015;
9, Approve Resolution No. 17-15 accepting the assessment roll for L.I.D. 14-2 and set the public
hearing date For Tuesday, February 17, 2015;
10. Approve Resolution of Intention No. 12-15 for the formulation of L.I.D. 15• I, a district for the
payment of concrete curbs, gutters, sidewalks, pedestrian ramps, and drive approaches on City right.
of -way and set the date for the Protest Hearing for Tuesday, February 17. 2015;
11. Approve Resolution of Intention No. 13.15 for the formulation of L.I.D. 15-2, a district for the
Payment of sewer, water, and pressure irrigation connection fees n the City of Caldwell and set the
date for the Protest Hearing for Tuesday, February 17, 2015,
12, Approve Resolution No. 18-15accepting the Idaho Transportation Department Idaho
Airport Aid Program (IAAP Project Number: 3-16-0045-024) Grant Award in the amount
of $9,542 for the Caldwell Industrial Airport;
13. Approve Resolution No. 19-15 ratifying the Memorandum of Understanding between the
State of Idaho or Probation and Parole and the Caldwell Police Department;
14. Approve Resolution No. 20-15 accepting the 2015 irrigation Assessment Roil, accepting
Estimate of Expenses for Irrigation System, setting Irrigation Assessments and Fees, and
setting the date and place for the Board of Corrections Meetings for March 1 1-13, 2015
pursuant to Idaho Cade for pressure irrigation provided by the Caldwell Municipal
Irrigation District;
15. Approve Resolution No. 21-15 authorizing the renewal of the Cost Recovery Agreement
with FWF Caldwell, LLC;
16. Approve Resolution No. 22-15 ratifying the License Agreement between the Cit}. of
Caldwell, Heritage Community Charter School, and Pioneer Irrigation District for the
BOOK 56
PAGIt. 7
construction of a pressure irrigation pump station and associated appurtenances along the
Low Line Canal adjacent to school. property located at 1803 E. Ustick Rostd;
17. Approve Resolution No. 23-15 ratifying the purchase of three (3) Vaughan Chopper pumps
from WM. H. Reilly & Company for the Farmway Regional Lift Station in an amount not
to exceed $49,875;
18. Approve Resolution No. 24- 15 authorizing the execution of the Idaho Transportation
Department and Six Mile Engineering Local Professional service Agreement for design of
the Centennial Way Roundabout;
19. Approve Resolution No. 25-15 authorizing the Right -of -Way Purchase Agreement with
Philip D. Cook for frontage property along 4505 S. 10 Avenue (Parcel No.
R3257600000);
20. Approve Resolution No. 26-15 to accept a Quit Claim Deed from Philip D. and Ruby E.
Cook for future right-of-way development along 4505 S. 10" Avenue (Parcel No_
R3257600000).
MOVED by Pollard, SECONDED by Biggers to approve the Consent Calendar as presented.
Roll call vote: Those voting yes: Pollard, Biggers, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIER
OLD BUSINESS
None.
NEW BUSINESS
(RECOMMENDATION FROM MAYOR NANCOLAS FOR A CITY COUNCIL MEMBER TO
FILL CITY COUNCIL SEAT #S)
The Mayor explained the selection process which was followed in filling the open position left by
Councilman Jim Blacker who passed away due to a blood clot on October 26, 2014.
• The public was invited to submit letters of interest for the vacancy_
• An interview committee was created to include business leaders and local citizens. All
fourteen candidates who submitted a letter of interest were interviewed.
• The final interview of the top two candidates was conducted by City Council President
Dennis Callsen and Mayor Nancolas.
The Mayor announced the name of Jeremy Feucht as the recommendation for appointment to fill
Council Seat #5.
MOVED by Pollard, SECONDED by Callsen to approve the recommendation of Jeremy Feucht as the
City Council Member to fill City Council Seat 95.
Councilman Callsen expressed his appreciation to the many citizens that provided a letter of interest
for the position. He encouraged those who did apply to continue to pursue involvement within the City
of Caldwell.
It was noted that there currently is a need for a new member on the Planning & Zoning Commission.
Letters of interest may be submitted to the Planning & Zoning Director, Brian Billingsley.
The Mayor expressed his thanks for those who served on the interview committee to include Theresa
Hardin, Jim Porter, Bessie Hunsicker, Mike Pollard, Jasper LiCalzi.
Roll call vote. Those voting yes: Pollard, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
The Mayor performed the Oath of Office.
Mr. Feucht expressed his appreciation to be representing the citizens of Caldwell. He introduced his
wife, Ashley and acknowledged family and friends who were also in attendance.
(PUBLIC HEARING (LEGISLATIVE): REGARDING THE PROPOSED TRANSFER OF
CERTAIN DRAINAGE FACILITIES FROM PIONEER IRRIGATION DISTRICT TO THE
CITY OF CALDWELL PURSUANT TO IDAHO CODE §§67-2322, 2323 AND 2324 AND
RATIFICATION OF THE DRAIN TRANSFER AGREEMENT)
The Mayor declared the Public Hearing open noting that no one signed up to provide public testimony.
Aaron Seabie, 1303 12'h Avenue Road, Nampa, provided the staff report outlining the proposed transfer
of drainage facilities from Pioneer Irrigation and the history of the request. He noted that a public
J
r
BOOK 56
PAGL 8
hearing will be held at Pioneer irrigation District on February 2'" to complete the prose;s. The Transfer
Agreement is associated with Drains A, B, and C.
Councilman Hopper spoke in favor of the request.
The Mayor expressed his appreciation for the legal staff representing the City of Caldwell and Pioneer
Irrigation during this process
MOVED by Hopper, SECONDED by Pollard to close the public hearing.
MOTION CARRIED
MOVED by Hopper, SECONDED by Pollard to ratify the Drain Transfer Agreement between Pioneer
Irrigation District and pursuant to Idaho Code 67-2322, 67- 2323, and 67-2324.
Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna, Hopper, and Callsen- Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(PUBLIC HEARING (LEGISLATIVE): CASE NO. OA-03-14, A REQUEST BY THE
CALDWELL PLANNING & ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER
10 (ZONING ORDINANCE) OF THE CALDWELL CITY CODE)
Jarom Wagoner, 621 Cleveland Blvd., provided tite staffreport outlinig the amendment to Chapter 10 of
the Caldwell City Code with the following changes-
- Updates the Land Use Schedule with'additions of Bail Bond Use, and changes to Used
Passenger Vehicle Sales, and medical offices and similar medical uses.
- Revises the setback requirements in the R-1 zone for existing lots.
- Reduces the number of allowable pets in regards to cats from 10 to 5 and the number of
allowed peacocks from 1 to 0.
- Provides new definition for bail bond use.
- Requires neighborhood meetings to take place prior to accepting a land -use application.
- Updates the Land Use Schedule within the City Center Zone to allow for Bail Bond
Use and Office -Business, Professional with approval of a Special -Use Permit.
- Updates the Land Use Schedule within the Mixed Use Districts to prohibit Bail Bond
Use within tite H-C (Highway Corridor) and to allow for Bail Bond Use within the T-N
(Traditional Neighborhood) with approval of a Special -Use Permit.
Discussion followed concerning the bail bond changes as outlined in the proposed ordinance. Mr.
Wagoner stated that the owner of Staci Bail Bonds was planning to relocate their business in a C-1 Zone
due to Canyon County purchasing the building at their current location on Albany Street.
Staci from Staci's Bail Bonds reported that she has signed a lease at 2010 Cleveland Boulevard to
relocate her business.
The Mayor encouraged Ms. Stacey to meet with Planning & Zoning staff concerning land -use issues
dealing with the relocation of her bail bonds.
Brian Billingsley, 621 Cleveland Blvd., reported that options would be discussed with Ms. Stacey
MOVED by Hopper, SECONDED by Pollard to continue the public hearing to the next Regularly
Scheduled City Council Meeting to be held on February 2, 2015 at 7:00 p.m. with the provision that the
public testimony portion will remain open.
MOTION CARRIED
(CONSIDER BILL NO. 29;(ORDINANCE NO. 2982) FOR CASE NO. OA-03-14 (ZONING
ORDINANCE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor noted that action concerning-the.ordinance in association with Case No. OA-03-14 has been
continued to the next City Council Meeting to be held on February 2, 2015.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount
of 5983,584.66 for the period ending January 12, 2015 and net payroll in the amount of $273, 897.25 for the
pay periods ending December 27, 2014
BOOK 56
PAGE 9
MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of S983,584.66 represented
by check numbers 106683 through 106950 and payroll for the total amount of $273,897.25, represented by
check members 27979 through 28001 and payroll direct deposits, be accepted, payment approved, and vouchers
filed in the office ofthe City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard stated'that the Senior Center members have expressed appreciation to city staff for their
diligence in clearing off the sidewalks at the Senior Center on a regular basis during the winter months.
Councilman Hopper reported on the groundbreaking ceremony which recently took place for the Water and
Sewer Farmway Village Project.
Council Member Ozuna stated her support of the Centennial Way Roundabout Project.
Councilman Biggers reported that President Ozuna will be speaking at Boise State University tomorrow,
Councilman Callsen encouraged interested students to contact TVCC regarding possible educational grant
funding opportunities
(MAYOR'S COMMENTS)
The Mayor reported that the State of the City will be held on Tuesday. February 3, 2015 — College of Idaho
Jewett Auditorium at 4:00 p.m.
The Basque Dance was recently held at O'Connor Field House, He expressed appreciation to this organization
for their support of giving back to the community through such fund raiser events.
The Mayor's Youth Advisory Council meeting: is scheduled for January 21 s1 at 6:00 p.m.
The Mayor provided an update in potential Idaho legislative items
The Mayor requested that the Council Members review the Council Liaison Assignment List and report to the
Mayor of possible changes.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Ozuna to adjourn at 8:00 p.m.
MOTION CARRIED
APPROVED AS written THIS 2nd DAY OF February� - 2015.
�L4
r� ,
ATTEST:
City Clerk
,�a�•,.N.•QC ��•,,.
p;• f o 00
Mayor
Councilperson
ouncilDerso��
Councilperson
AGENDA
REGULAR CITY COUNCIL MEETING
JANUARY 20, 2015 AT 7:00 P.I.
INVOCATION OFFERED BY PASTOR RICK STOCK..\IAN OF CHRISTIAN FAITH CENTER —
CALDWELL CAMPUS.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATION.
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
I. Approve acceptance of the minutes of the Regular City Council Meeting held January 5, 2015; the
Caldwell Planning and Zoning Commission Meeting held December 9, 2014; the Caldwell Traffic
Commission Meeting held on January 5, 2015; the Senior Center Board Meeting held December 8,
2014; the Caldwell Industrial Airport Commission Meeting held January 8, 2015; the Caldwell Public
Library Special Board Meeting held December 4, 2014; and the Downtown Caldwell Organization
Meeting held January 7, 2015;
2. Approve the Order of Decision for Case No_ SUB-02(3)F-14 (Sienna Hills No. 3),
3. Approve the Order of Decision for Case No. St, B-201(3)F-09 (Caldwell Common, No. 3);
4. Approve the Order of Decision for Case No. OA-04-14 (Subdivision Ordinance
Amendment);
5. Approve request to destroy records from the Recreation Department, the City Clerk, the
Water Department, Human Resources, Fire Department, and Mapping Department as
recommended by the City Clerk;
6. Approve Resolution authorizing the execution of a Faun Lease associated with City -owned
property with Todd Molko effective January 20, 2015 through January 20, 2016,
7. Approve Resolution accepting the assessment roll for L.I.D. 13-2 and set the public hearing
for Tuesday, February 17, 2015,
8. Approve Resolution accepting the assessment roll for L.I.D. 14-1 and set the public hearing
for Tuesday, February 17, 2015;
9. Approve Resolution accepting the assessment roll for L.1_D_ 14-2 and set the public hearing
date for Tuesday, February 17, 2015,
10. Approve Resolution of Intention for the formulation of L.I.D. 15-1, a district for the payment
of concrete curbs, gutters, sidewalks, pedestrian ramps, and drive approaches on City right-
of-way and set the date for the Protest Hearing for Tuesday, February 17, 2015.,
11. Approve Resolution of Intention for the formulation of L.I.D. 15-2, a district for the payment
of sewer, water, and pressure irrigation connection fees in the City of Caldwell and set the
date for the Protest Hearing for Tuesday, February 17, 2015;
12, Approve Resolution accepting the Idaho Transportation Department Idaho Airport Aid Program
(IAAP Project Number: 3-16-0045-024) Grant Award in the amount of S9,542 for the Caldwell
Industrial Airport;
13. Approve Resolution ratifying the Memorandum of l.nderstanding between the State of Idaho or
Probation and Parole and the Caldwell Police Department;
14. Approve Resolution accepting the 200 Irrigation Assessment Roll, accepting Estimate of Expenses
for Irrigation System, setting Irrigation Assessments and Fees, and setting the date and place for the
Board of Corrections Meetings for March 1 1-13, 2015 pursuant to Idaho Code for pressure irrigation
provided by the Caldwell Municipal Irrigation District;
15. Approve Resolution authorizing the renewal of the Cost Recovery Agreement with FWF Caldwell,
LLC;
l6. Approve Resolution ratifying the License Agreement between the City of Caldwell, Heritage
Community Charter School, and Pioneer Irrigation Distnet for the construction of a pressure
irrigation pump station and associated appurtenances along the Low Line Canal adjacent to school
property located at 1803 E. Ustick Road,
17, Approve Resolution ratifying the purchase of three (3) Vaughan Chopper pumps from WTI. H. Reilly
& Company for the Farmway Regional Lift Station in an amount not to exceed S49,875;
18. Approve Resolution authorizing the execution of the Idaho Transportation Department and Six Mile
Engineering Local Professional service Agreement for design of the Centennial Way Roundabout,
19. Approve Resolution authorizing the Right -of Way Purchase Agreement with Philip D_ Cook for
frontage property along 4505 S. 106 Avenue (Parcel No. 113257600000);
20. Approve Resolution to accept a Quit Claim Deed from Philip D. and Ruby E_ Cook for future right-
of-way development along 4505 S. 10,h Avenue (Parcel No, R3257600000).
Page 1 of
r
A
OLD BUSINESS:
None.
NEW BUSINESS:
I. Recommendation from Mayor Nancolas for a City Council ,Member to fill City Council Seat W5.
2. Public Hearing (Legislative): Regarding the proposed transfer of certain drainage Facilities from
Pioneer Irrigation District to the City oFCaldwell pursuant to Idaho Code §}67-2322, 2323 and 2324
and ratification of the Drain Transfer Agreement.
3. Public Hearing (Legislative): Case No. OA-03-14, a request by the Caldwell Planning & Zoning
Department to amend portions of Chapter 10 (Zoning Ordinance) of the Caldwell City Code.
4. Consider Bill No. 29 (Ordinance No. 2982) for Case No, OA-03-14 (Zoning Ordinance) with a
request to waive the rules, pass on the First reading, and approve the summary for publication.
5. Financial and Human Resource Report.
6. Council Reports.
7. Mayor's Comments.
8. Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of
discussing pending litigation or where there is a general public awareness of probable litigation.
9. Adjourn.
Next Regular City Council Meeting is on Monday, February 2, 2015 at 7:00 p.m. in the Community
Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodatiam to
participate in the meeting should contact the City Clerk at 411 Blaine Street or call #455-4656 prior io the
meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's wcbstte
www.citvofcaldwell.com. Cualquier persona necesitando comodidades especiales pare participar en la
reunion debe contactar al Vendedor de Ciudad en 411 Blaine St. o [lame a #4554656 antes de la reunion.
Pagc2of2
IN FAVOR (IN SUPPORT)
SIGN-UP SHEET FOR PUBLIC HEARING
Case No. OA-04-14
A request by the Caldwell Planning & Zoning Department to amend portions of
Chapter 11 (Subdivision Ordinance) of the Caldwell City Code
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a
manner as will assure that the recorded testimony or remarks will be accurate
and trustworthy. At the commencement of the hearing, the Council shall
establish a time limit to be observed by all speakers. When the public Hearing is
quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will
be true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
17--4-T I"*1]K .�'iu
ADDRESS
r
r
QUESTIONS OR DISCUSSION (NEUTRAL)
SIGN-UP SHEET FOR PUBLIC HEARING
Case No. OA-04-14
A request by the Caldwell Planning & Zoning Department to amend portions of
Chapter 11 {Subdivision Ordinance} of the Caldwell City Code
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a manner
as will assure that the recorded testimony or remarks will be accurate and
trustworthy. At the commencement of the hearing, the Council shall establish a time
limit to be observed by all speakers. When the public Hearing is quasi-judicial in
nature or one after which the City Council is required by law to make findings of fact,
each speaker must swear or affirm that his testimony will be true and correct. Any
person refusing to comply with the rules will be prohibited from speaking during the
hearing.
PRINTED NAME ADDRESS
r
OPPOSITION (AGAINST)
SIGN-UP SHEET FOR PUBLIC HEARING
Case No. OA-04-14
A request by the Caldwell Planning & Zoning Department to amend portions of
Chapter 11 (Subdivision Ordinance) of the Caldwell City Code
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a
manner as will assure that the recorded testimony or remarks will be accurate
and trustworthy. At the commencement of the hearing, the Council shall
establish a time limit to be observed by all speakers. When the public Hearing is
quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will
be true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
PRINTED NAME ADDRESS
F
BILL NO. 30
ORDINANCE NO.2983
AN ORDINANCE AMENDING CHAPTER 11 OF THE CALDWELL CITY CODE, WHICH IS THE
SUBDIVISION ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS
THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of
Idaho:
Section 1. That Chapter 11 of the Caldwell City Code shall be amended as follows after hearings
before the City Council on December 15, 2014
Section 11-02-03(1) Preliminary Plat Review and Hearings
F. Preliminary Plat Expirations And Time Extensions:
Preliminary plat approval is valid for twenty-four (24) months from the date of signature on
the approving order of decision, meaning a final plat must be recorded within twenty-four (24)
months of the date of signature on the approving order of decision for the preliminary plat.
2. One administrative time extension of up to Melve (12) eighteen 18 months may be
authorized by se-isil the planning & zonina director and public works director following
applicant's submittal of an application requesting a time extension prior to the expiration date
of the preliminary plat and along with submittal of the applicable fee as adopted by council
through resolution. If an administrative time extension is denied, the applicant may appeal
the decision to the council and follow the process as outlined in Section 10-03-03 of this
code.
3. All time extensions following the one time administrative time extension shall be approved by
the council. Time extension requests before council are heard through the public hearing
process as outlined in Section 10-03-03 of this code. Time extensions approved by council
are valid for, up to twenty-four 24 months. There shall be no limit to the number of time
extensions that the council may approve. The council shall approve, approve with conditions
or deny time extension requests for preliminary plats and shall make findings based upon the
following:
(A) There are no outstanding city code violations on the subject property;
(B) The preliminary plat, as previously approved, is still in the best interests of the safety,
health and general welfare of the city;
(C) There have been no significant changes to city code between the date of preliminary plat
approval and the application date of the time extension request that would require
substantial modifications to the lot layout.
Ord. No. 2983 (Subdivision Ordinance Amendment)
Page 1 of 2
C' b
r r
4. One administrative renewal of up to eighteen (18) months may be authorized by the planning
& zoningdirector irector and the public works director for all preliminary plat approvals that may have
expired prior to Janua 1 2015. The -planning & zoning director and public works director
shall consider goproval of said administrative renewal in accordance with the followin
criteria:
(A) The length of time between the expiration „of„the preliminary plat and the request for the
administrative renewal.
, g
e conformity a the new preliminary with the layout,and design of the expired,.
preliminary plat.
C The conformance of the new preliminary plat with any new or amended Development
Master Plans including but not limited to: Public Facilities Plans Pathways & Bike Routes
Plans, Parks & Recreation Master Plans.
(D) The preliminary plat, as previously approved, is still in the best interests of the safety,
health and general welfare of the city.
If an administrative renewal is denied, the applicant may appeal the decision to the council
and follow the process as outlined in Section 10-03-03 of this code.
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and
publication, according to law.
Section 4. This ordinance is hereby declared to be severable. If any portion of this ordinance is
declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect and shall be read to carry out the purposes of the ordinance before the declaration of
partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of , 2014
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, `,`<<�„������..,,•••••
this S day of ,J �L"L&r �, 2014 ��• CN�`t CAC��•'•.
41-6)ha'
Garret Nancolas, Mayor
aCp It P0* '•.• �c+
ATTEST.
•
f
Debbi�Geye�rCit �Ie °�.
Ord. No 2983 (Subdivision Ordinance Amendment)
Page 2 of 2
r r
ORDINANCES OF THE. CITY OF CAL.DWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2983
AN ORDINANCE ENACTED BY THE CALDWE LL CITY COUNCIL AMENDING CHAPTER
11, WIHCH IS THE SUBDIVISION ORDINANCE; PROVIDING; FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITV; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS, AND PARTS THEREOF IN CONFLICT IIEREWITH.
Section l: Amends Chapter 11, the subdiv ision ordinance. as follows:
Amends the preliminary plat expiration to allow Ior a one-time administrative time extension of
up to 18 months.
- Amends the preliminary plat expiration to alitm for additional time extension requests, to be
heard by the City Council_
- Allows for one administrative renewal fir preliminary plats that have expired prior to January I,
2015, The administrative renc%%als must meet certain criteria.
- To allow €ix an appeal process if an administrative time extension or renewal is denied.
Section 2: Repeals con€licting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shall be in Bell force and effect from and after its passage.
approval, and publication, according to law.
Section 4: Provides for severability.
Ordinance No. 2983 provides an effective date, which ,hall be when published in the Idaho Press 'l ribune
on the 22"t day of December 2014. Ordinance No. 2983 was passed by the Council and approved by the
Mayor on the 15"' day, of December 2014. The full te\t of the Ordinance is available at Caldwell
Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summery on the 15"' day of December 2014 for publication on the 15"'
day of December 2014, pursuant to Idaho Code 50-901 A.
Manor Garret I.. Nancolas
M TEST: Debbie Geyer. City Clerk
s rA rrMNNT OF t_FGAL ADVISOR
1 have revimed the foregoing_ summary and believe
that it provides a true and complete summary of Ordinance
No. 2983 and prov-des adequate notice to the public as to
the contents of st,ch ordinance.
DATED this I5't~ dap of December 2014
Mark Hilty. Attorney for City of Caldwell jam}
/. l
BOOK 55
Idw
PAGE I'0
REGULAR MEETING
December 15.2014
7:00 P.M.
The Mayor asked those in attendance to please stand for the invocation lead by Pastor Freddie Lane of the
Caldwell Christian Center Church and remain standing for 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. Pollard,
Biggers. Ozuna, and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
The Mayor acknowledged Cheryl Adams, American Government leacher from Caldwell High School
Each of the students in attendance stood and introduced themselves.
Employee of the Month: The Mayor recognized Carlos Velazquez from the Building Department as the
employee of the month. A letter of recommendation from his supervisor, Brett Clark, Building Official
was read into the record by Mayor Nancolas. A plaque and gift were presented to Mr. Velasquez by the
Mayor. Mr. Velazquez expressed his sincere appreciation for the recognition.
The Mayor introduced Emma Campbell, Jamie Waters. and Regina Sahnanova of the Mavor's Youth
Advisory Council. The Mayor reported that the students recently had the opportunity to attend the National
League of Cities Conference held in Austin, Texas. Each of the members summarized information from
the various workshops they attended.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper. SECONDED by Biggers to amend Itetn 92 under the Consent Calendar to read: "rtiprrove
Resolution establishing the A'orth End Neighborhood Revilali_ation District for Caldwell Housing Anthorin• m
frnrd rehabilitation." Amend Item N3 under the Consent Calendar to read: "hrtenlionally left blank." Reason
stated: The City Attorney consolidated the two documents into one resolution.
Add item 0-A under New Business to read: "Consider Resolution to approve the Fab,•iew Golf Course
Concession Area Lease Agreement with Beverley A. Pillsbmil operating Sev's Panay " and Item #.'6-B to read
"Consider Resohdion to approve the independent Contractor Agreement" wilh Beverle-v A. Pilleburt. ou•+ter
and operator of Bcv's Pamt3? located at Fain*w Golf Course. " Reason stated: Both documents were not
available until after the City Council Agenda was posted on December 11. 2014,
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held December I, 2014; the
minutes of the Caldwell Public Library Special Board Meeting held on October 9. 2014: the
Downtown Caldwell Organization Meeting held on November 25. 2014: the Caldwell Industrial
Airport Commission Meeting held on December 4, 2014: and the Caldwell Hearing Examiner
Meeting held on November 1 I, 2014:
2. Approve Resolution No. 189-14 establishing the North End Neighborhood Revitalization District for
Caldwell !-lousing Authority to fund rehabilitation. IAMEA'DE•DI
3. Intentionally left blank. JAMEADED1
4. Approve Resolution No. 190-14 maifying the purchase of a submersible chopper pump for the Faith
Landing Lifl Station:
5. Approve Resolution No. 191-14accepting an agreement with JUB Engineers for engineering services
at the Caldwell Wastewater Treatment Plant:
6. Approve Resolution No. 192-14 ratifying the budgeted purchase of a new vehicle for use bN the
Caldwell Building Department:
7. Approve Resolution 193-14 accepting the Annual Road and Street Financial Report prior to
submittal to the State Controller's Office:
8. Approve Resolution No. 194-14 accepting a Bargain and Sale Deed from Wells Fargo Batik. NA for
real property known as 811 W. Plymouth Street:
9. Approve Resolution No. 187-14A to adopt amendments of the City of Caldwell Pay Scale that wac
previously adopted on December 1, 2014 and set an effective date of January 1. 2015:
10. Approve Resolution No. 195-14 authorizing the Award of Bid for the Street Lighting Equipment
Contract to Electric Wholesale Supply Company in the amount of S 183,626:
11. Approve Resolution No. 196-14 authorizing the execution of a Sewer Service Agreement s+ith Gem
State Academy for property located north of Karcher Road and South of Montana Avenue:
12. Approve request from the City Clerk for the transfer of the Alcoholic Beverage License for Bev's
Pantry located at Fairview Golf Course located at 816 Grant Street contingent upon final appro%al
From the Idaho Alcohol Beverage Control:
rc-2--
1
rk",
AGENDA
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2014 AT 7:00 PAI.
INVOCATION OFFERED BY PASTOR FREDDIE LANE OF THE CALDWELL CHRISTIAN
CENTER.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATION,
A. Emplot-ee of the ,blotch
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
I. Approve acceptance of the minutes of the Regular City Council Meeting held December 1, 2014, the
minutes of the Caldwell Public Library Special Board Meeting held on October 9. 2014; the
Downtown Caldwell Organization Meeting held on November 25, 2014; the Caldwell Industrial
Airport Commission Meeting held on December 4, 2014, and the Caldwell Hearing Examiner
Meeting held on November 11, 2014;
2. Approve Resolution to authorize the creation of the North End Revitalization District;
3. Approve Resolution to authorize and recognize the Caldwell Housing Corporation as the North End
Development Organization of the Caldwell Housing Authority;
4. Approve Resolution ratifying the purchase of a submersible chopper pump for the Faith landing Lift
Station;
5. Approve Resolution accepting an agreement with 1UB Engineers for engineering services at the
Caldwell Wastewater Treatment Plant;
6. Approve Resolution ratifying the budgeted purchase of a new vehicle for use by the Caldwell
Building Department;
7. Approve Resolution accepting the Annual Road and Street Financial Report prior to submittal to the
State Controller's Office:
8. Approve Resolution accepting a Bargain and Sale Deed from Wells Fargo Bank, NA for real property
known as 811 W. Plymouth Street;
9, Approve Resolution No. 187-14A to adopt amendments of the City of Caldwell Pay Scale that was
previously adopted on December 1, 2014 and set an effective date of January I, 2015;
10. Approve Resolution authorizing the Award of Bid for the Street Lighting Equipment Contract to
Electric Wholesale Supply Company in the amount of 5183,626:
11. Approve Resolution authorizing the execution of a Sewer Service Agreement with Gem State
Academy for property located north of Karcher Road and South of Montana Avenue;
12. Approve request from the City Clerk for the transfer of the Alcoholic Beverage License for Bev's
Pantry located at Fairview Golf Course located at 816 Grant Street contingent upon final approval
from the Idaho Alcohol Beverage Control;
13. Approve request from the City Clerk for an Alcoholic Beverage License for Club Exiacy located at
424 E. Elgin contingent upon final approval by city staff and the Idaho Alcohol Beverage Control_
OLD BUSINESS:
None.
NEW BUSINESS:
1. Public Hearing (Legislative): Case No. OA-04-14, a request by the Caldwell Planning & Zoning
Department to amend portions of Chapter 1 I (Subdivision Ordinance) of the Caldwell City Code,
2. Consider Bill No. 30 (Ordinance No. 2983) For Case No. OA-0444 (Subdivision Ordinance) with a
request to waive the rules, pass on the first reading, and approve the summary for publication.
3. Financial and Human Resource Report.
4. Council Reports.
5. Nlayor's Comments.
6. Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (a) for the purpose of
discussing the hiring of a public officer, employee, staff member or individual agent.
7. Adjourn.
Next Regular City Council Meeting is on Monday, January 5, 2015 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 44554656 prior to the
meeting. The entire agenda packet and minutes can be viewed on the Cu) of Caldwell"s wehsite
www.citvofealdwell.corn. Cualquier persona necesitando comodidades especiales para participar en la
reunion debe contactar al Vendedor de Ciudad en 411 Blaine St. o llame a #455-4656 antes de la reunion.
Page I of l C C