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HomeMy WebLinkAbout2023-09-05 City Council AgendaPage 1 of 3 CITY OF CALDWELL PUBLIC MEETING INFORMATION We invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever, or are not feeling well, please contact the City Clerk’s Office or Planning & Zoning Department (land-use public hearings) to arrange participation remotely. The City of Caldwell follows the CDC guidelines to allow for distancing in the public meeting area and provide masks/hand sanitizer on site. Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During the registration process, you will be asked what item on the agenda you wish to speak about. Please use the case number as listed within the written notice. On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the green “public meetings” button on the center of the page. After registration, you will receive a confirmation email containing information about joining the virtual meeting. REGISTER AT: https://www.cityofcaldwell.org Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at P&Z@cityofcaldwell.org to be included within the staff report. All comments received after the staff report has been transmitted will be included in the case file and provided as late exhibits at the appropriate public hearing. Live Stream Viewing: If you are not planning to speak, members of the public are encouraged to view the meeting via the live stream option: https://www.youtube.com/channel/UCci7S1A0UJNK6asXxxugLGA REGULAR CITY COUNCIL MEETING AGENDA September 5, 2023 6:00 p.m. INVOCATION OFFERED BY SHERRI SHEIRBON OF THE CALDWELL FRIENDS CHURCH. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. a. P AUDIENCE PARTICIPATION. CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS] 1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all ordinances. 2. Approve minutes for the Regularly Scheduled Caldwell City Council meeting held on August 15, 2023; the Caldwell Historic Preservation Commission meetings held on May 24, 2023 and July 26, 2023; the Impact Fee Advisory Committee and the Friends of the Caldwell Train Depot meeting held on March 16, 2023; 3. Approve Findings of Facts and Conclusions of law for denial of CPM23-000006, ZON23-000006: The City of Caldwell is requesting a comprehensive plan land use map amendment from OS (Open Space) to HDR (High Density Residential), and a rezone from C-2 (Commercial) to R-3 (High Density Residential), for the approximately 0.82 acres Parcel R35287104A0, to include approval of Resolution # 152-23 associated with CPM23-000006. The subject parcel is located on the south side of Thomas Jefferson Street, approximately 824’ east of the intersection of Smeed Pkwy and Thomas Jefferson Street, in Caldwell, Idaho. The City Council made a motion to deny these applications at their August 15, 2023 public hearing. (Planner: Morgan Bessaw); 4. Approve final plat for Highgarden Estates Subdivision (SUB23-000020); 5. Approve request from the Caldwell Recreation Superintendent to waive fees for the use of the O’Connor Field House on September 30, 2023 to hold the Silver Belt Invitational Boxing Tournament co-sponsored by C-Town Boxing - Caldwell Recreation Department Community Box Program; 6. Approve Resolution authorizing the closure of Rose Garden Hill Lane from Lincoln Road to Marble Front Road and authorize the Public Works Director to continue coordination with the Local Highway Technical Assistance Council (LHTAC) to redirect funding for replacement of the Kimball Avenue Bridge over Indian Creek; 7. Approve Resolution accepting the assessment roll of Local Improvement District No. 22-1 (LID 22-1) for the Jefferson Park Subdivision Pump Station for filing with the City Clerk and set the public hearing date for Tuesday, October 3, 2023 at 6:00 at the Regularly Scheduled City Council Meeting’ 8. Approve Resolution ratifying the execution of an Idaho Transportation Department Local Professional Services Agreement with Keller Associates, Inc. to provide engineering services to develop right-of-way plans for improvements along Montana Avenue in the amount of $1,386.75 (local match); 9. Approve Resolution declaring vehicles from the Caldwell Fire Department as surplus for disposition to public auction; 10. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Hayden Homes Idaho LLC for the Autumn Ridge East Subdivision; 11. Approve Resolution authorizing the approval of the contract for Logan Simpson Design, Inc. for $179,961.00 using ARPA funds for the Caldwell Comprehensive Plan; 12. Approve Resolution accepting an Easement from Katie J. Taylor and Brent F. Taylor for the purpose of operating and maintaining a gravity sewer trunk line across a portion of their property known as 1809 Roosevelt Street; 13. Approve Resolution accepting a Quitclaim Deed from Mary Araqustain for frontage property for future right-of-way improvements along West Beech Street; 14. Approve Resolution accepting a Quitclaim Deed from Alfred C. and Maria E. Rodriquez for frontage property for future right-of-way improvements along South KCID Road; 15. Approve Resolution accepting the Dedication of sanitary sewer and domestic water utilities from North Ranch A LP located at 4321 Muller Drive (Parcel #R352710000) known as North Ranch Retail Building No. 1; 16. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Bennett Forest Industries, Inc. for the Cumberland Subdivision, Phase 6; 17. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Brighton Development, Inc. for the Arbor Subdivision, Phase 4; Page 2 of 3 18. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Lennar Homes of Idaho LLC for the Mandalay Subdivision, Phase 5; 19. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Lennar Homes of Idaho LLC for the Mandalay Subdivision, Phase 6; 20. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, storm drain, and street light facilities from Hayden Homes Idaho LLC for the Autumn Ridge West Subdivision; 21. Approve Resolution authorizing the execution of the Agreement for the School Resource Officer Program with Vallivue School District No. 139 effective August 1, 2023 through July 31, 2024; 22. Approve Resolution authorizing the execution of the Agreement for the School Resource Officer Program with Elevate Academy Charter School effective August 1, 2023 through July 31, 2024; 23. Approve Resolution authorizing the execution of the Agreement for the School Resource Officer Program with Heritage Community Charter School effective August 1, 2023 through July 31, 2024; 24. Approve Resolution authorizing the execution of the Agreement for the School Resource Officer Program with Thomas Jefferson Charter School effective August 1, 2023 through July 31, 2024. OLD BUSINESS: 1) ACTION ITEM: Public Hearing Pursuant to Idaho State Code 20-1002, consider acceptance of the Budget Amendment for FY-2022-2023. 2) ACTION ITEM: Consider Bill No. 33 (Ordinance No. 3527) amending Ordinance No. 3443 (Bill 49) and Ordinance No. 3505 (Bill 21) for fiscal year beginning October 1, 2022 and ending September 30, 2023 with a request to move for its passage by title only. NEW BUSINESS: 1. ACTION ITEM: Consider Bill No. 39 (Ordinance No. 3533) Pursuant to Idaho Code 50-1019 and 50-1023 calling for a General Bond Election to be held for the issuance of general obligation bonds of the City of Caldwell in the amount of $17,300,000.00 for purpose of the construction and furnishing of two new fire stations to reduce emergency response services and reconstruct, upgrade, and improve fire training and administrative equipment to accommodate additional public safety needs with a request to move for its passage by title only and approve the summary for publication. 2. ACTION ITEM: Consider Resolution authorizing the Award of Bid for the development of a full-service hotel with meeting facilities on approximately 0.53 acres of the Nancolas Center parking lot located in Downtown Caldwell. 3. ACTION ITEM: Consider Bill No. 38 (Ordinance No. 3522) for CASE NO. ZOA23-000001 with a request to move for its passage by title only and approve the summary for publication. The City Council at the August 15, 2023 public hearing approved ZOA23-000001. (Staff Planner: Robin Collins and Morgan Bessaw) 4. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: ANN22-000004: Applicant, Robert Patrick Nunemacher, 208 Tire, is requesting annexation of parcel R3431301000 (approx. 2.71 acres), to include annexation of adjacent right-of-way, with a proposed zoning designation of H-C (Highway Corridor), where the 2040 Comprehensive Plan land use designation is HC (Highway Corridor). The applicant is proposing to develop a commercial building for the retail sale of wheels, tires and suspensions. The site is located on the SWC of Hwy 20/26 and Middleton Road, in Caldwell, Idaho. The Planning and Zoning Commission at the July 26, 2023 public hearing recommended approval of ANN22-000004. (Staff Planner: Alex Jones) 5. ACTION ITEM: Consider Bill No. 19 (Ordinance No. 3413) for CASE NO: ANN22-000004 with a request to move for its passage by title only and approve the summary for publication. 6. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: CPM22-000005/ ZON22-000008 / PUD22-000007 / SUB22-000027 / AMD-22-04: Mason & Associates, on behalf of North 44 Idaho LLC., is requesting approval of a Comprehensive Plan Amendment (CPM22-000005) on the subject parcel from HC (Highway Corridor) to a future land use designation of CS (Commercial & Service) along Hwy 55 on the northern portion and a MDR (Medium Density Residential) future land use designation on the southern portion of the subject parcel, to include approval of Resolution # 35-23. Concurrently, the applicant is requesting a rezone (ZON22-000008) from R-1 (Low Density Residential) to a split zone of C-2 (Community Commercial) on the northern portion and R-2 (Medium Density Residential) on the southern portion of the parcel, and approval for a Planned Unit Development (PUD22-000007) and Preliminary Plat (SUB22-000027) for West Haven Subdivision, a 55+ mixed-use community with commercial and residential housing options and amenities, to include approval to amend an existing Development Agreement (DA-05-08) (AMD-22-04) to remove this parcel from the original development agreement, and to create a new development agreement specific to the new proposed development plan. West Haven is proposed to be constructed in a single phase and will include 215 residential lots, two commercial lots, and 32 common lots. The subject property is located at the southwest corner of Karcher Road and S. Florida Avenue, parcel number R3284200000, Caldwell, Idaho. The Planning and Zoning Commission, at the July 26, 2023 public hearing, made a recommendation to the City Council for approval of the comprehensive plan amendment, rezone, amended development agreement, planned unit development and preliminary plat, subject to conditions; and approved the associated special use permit SUP22-000019. (Staff Planner: Katie Wright) 7. ACTION ITEM: Consider Bill No. 66 (Ordinance No. 3460) for CASE NO. ZON22-000008, with a request to move for its passage by title only and approve the summary for publication. 8. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number ANN22-000028 / SUB22-000045/ ANN23-000002 / ANN23-000003 / ANN23-000004: A request by T-O Engineers, on behalf of Roosevelt Star LLC, to annex parcel R2158100000 (approx. 2.28 acres), parcel R3266801200 (approx. 1.81 acres), parcel R2158200000 (approx. 3.19 acres), and parcel R3266801300 (approx. 145.55 acres), with a proposed zoning designation of R-1 (Low Density Residential), where the Comprehensive Plan land use designation of the property is Low Density Residential, to include approval of a development agreement associated with the annexation and zoning of parcel R3266801300 under application ANN22- 000028. Concurrently, the applicant is requesting approval for a preliminary plat for, a single-family development on parcel R3266801300 for Chickasaw Subdivision, consisting of 400 single-family building lots, 38 common lots, 36 drainage lots, and one (1) emergency services lot. The project is proposed to be developed in 14 phases. Parcel R3266801300 has an existing Municipal Services Agreement (Inst. No. 2020-043549). Parcels R2158200000 and R2158100000 are located north of Homedale Road and east of Farmway Road, and parcels R3266801200 and R3266801300 are located south of Homedale Road and west of Farmway Road, in Caldwell, Idaho. The Planning and Zoning Commission at the July 26, 2023 public hearing recommended denial of ANN22-000028 and SUB22-000045. (Staff Planner: Katie Wright) 9. ACTION ITEM: Consider Bill No. 90 (Ordinance No. 3484) for CASE NO: ANN22-000028 with a request to move for its passage by title only and approve the summary for publication. 10. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: ANN23-000006, CPM23-000002: The Land Architects, on behalf of Lane Development LLC, is requesting to annex parcel R3566601000 (approx. 1.87 acres) along with the adjacent right-of-way, with a proposed zoning of R-3 (High Density Residential), to include the approval of a development agreement associated with ANN23-000006. Concurrently, the applicant is requesting a comprehensive plan map amendment from MDR (Medium Density Residential) to HDR (High Density Residential), to include approval of Resolution #23-23 associated Page 3 of 3 with CPM23-000002; and approval of a special use permit for the Skyview Villas, consisting of (10) ten buildings (duplex and triplex buildings) with a total of twenty-two (22) dwelling units and three (3) common lots. Buildings along the perimeter are proposed to be two-story in height, with the two (2) buildings in the center of the development proposed to be two and one-half stories in height. The subject site is located on the North side of E Ustick Road, and approximately 380.6 feet west of the intersection of S 10th Avenue and E Ustick Road, within the City of Caldwell Area of Impact. The Planning and Zoning Commission, at the August 9, 2023 public hearing, made a recommendation to the City Council for approval of the comprehensive plan amendment and annexation, subject to conditions; and approved the associated special use permit SUP23-000009. (Staff Planner: Alex Jones) 11. ACTION ITEM: Consider Bill No. 6 (Ordinance No. 3490) for CASE NO: ANN23-000006 with a request to move for its passage by title only and approve the summary for publication. 12. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: DEV23-000001: S3 Investments LP, on behalf of Tyler Clark, is requesting termination of an existing development agreement for parcels R32764010A0, R32764010B0, R32764010C0, R32764010D0, and R3276401000. The original development agreement was approved 16 years ago for Dakota Crossing #3 Subdivision when the parcels were rezoned to R-3. Since then Dakota Crossing #1 and #2 have been constructed and much of the infrastructure required in the original DA has been constructed. Additionally, the DA made special provisions for townhomes, which are no longer being proposed. The applicant is proposing to retire the Development agreement in order to proceed with the development of six (6) eight (8) unit multifamily buildings under single ownership on parcel (R32764010B0), which were approved by the Hearing Examiner at the July 18, 2023 public hearing under SUP23- 000006. The subject parcel is located on the southwest corner of the intersection between Moss St. and Celeste Ave., in Caldwell, Idaho. 13. ACTION ITEM: Consider Bill No. 69 (Ordinance No. 3463) for CASE NO: ZON22-000007 with a request to move for its passage by title only and approve the summary for publication. 14. ACTION ITEM: Consider Bill No. 38 (Ordinance No. 3532) amending Chapter 2, Article 17, Section 02-1704 of the Caldwell City Code pertaining to the meeting dates of the Caldwell Historic Preservation Commission with a request to move for its passage by title only and approve the summary for publication. 15. ACTION ITEM: Consider Bill No. 36 (Ordinance No. 3530) amending Chapter 6, Article 21, Section 06-21-15 pertaining to the removal of a private patrolman with a request to move for its passage by title only and approve the summary for publication. 16. ACTION ITEM: Consider Bill No. 37 (Ordinance 3531) amending Chapter 6, Article 7, Section 06-07-11 pertaining to the application requirements of a license for the sale of alcoholic beverages with a request to move for its passage by title only and approve the summary for publication. 17. ACTION ITEM: Accept the notice of a public hearing to be held on Tuesday, September 19, 2023 at 6:00 p.m. to consider an increase of fees over 5% of that previously charged for Canyon Hill Cemetery, the Caldwell Fire Department, and the Caldwell Recreation Department including new fees and the increase to or creation of fines. 18. ACTION ITEM: Consider Bill No. 40 (Ordinance 3534) annexing the Mandalay Ranch Subdivision Phase 6 (Inst. No. 2023-023592) into the Caldwell Municipal Irrigation District with a request to move for its passage by title only. 19. ACTION ITEM: Consider Bill No. 41 (Ordinance 3535) annexing the Mandalay Ranch Subdivision Phase 5 (Inst. No. 2023-019690) into the Caldwell Municipal Irrigation District with a request to move for its passage by title only. 20. ACTION ITEM: Consider Bill No. 42 (Ordinance 3536) annexing the Brittany Heights Subdivision Phase 4 (Inst. No. 2023-021614) into the Caldwell Municipal Irrigation District with a request to move for its passage by title only. 21. ACTION ITEM: Consider acceptance of the Finance Report. 22. Council Reports. 23. Mayor’s Comments. 24. Adjournment. Next Regularly Scheduled City Council Meeting is on Tuesday, September 19, 2023 at 6:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth Avenue. 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.cityofcaldwell.org/your-government/transparency/council- documents. Cualquier persona que necesita arreglos especiales para participar en la reunión debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o llame al # 455 a 4656 antes de la reunion.