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HomeMy WebLinkAbout2023-08-01 City Council MinutesCITY OF CALDWELL PUBLIC MEETING INFORMATION We invite interested parties to participate in public hearings either electronically or in person. Ifyou 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 O lion: 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.citvofcaldwell.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/UCei7SlAOUJNK6asXxxugLGA REGULAR CITY COUNCIL MEETING AGENDA August 1, 2023 6:00 p.m. INVOCATION OFFERED BY FATHER FRANCIS OF OUR LADY OF THE VALLEY CHURCH. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. 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 alt ordinances. 2. Approve the minutes for the Caldwell City Council Budget Workshops held on July 6, July 12, July 13, July 14, July 17; and July 25; and approval of the minutes for the Caldwell City Council Regularly Scheduled Meeting held on July 18, 2023; 3. Approve request for a new Alcohol Beverage License (Beer/Wine/Liquor) to be issued to GRIT Ground Game, LLC located at 212 South Kimball Avenue; 4. Approve request by the Caldwell High School for a waiver of the rental fee for Brothers Park ($500 per day) and the Special Event Fee ($75) for the IHSAA4A State Tournament on October 19-21, 2023; 5. Approve Resolution authorizing the execution of the contract with AXON Body Camera System in the amount of $999,626.95 (ARPA Funds) for use by the Caldwell Police Department; 6. Approve Resolution authorizing the purchase of a new entry sign for the Caldwell Event Center in the amount of 61,181.22 from Superior Signs; 7. Approve Resolution authorizing the receipt of grant funds from Walmart Community Funds in the amount of 1,000 for use by the Caldwell Fire Department for the smoke alarm assistance outreach program; 8. Approve Resolution ratifying the Agreement for Site Access and the Acknowledgement of Encroachment associated with public right-of-way near 321 Main Street and 406 Main Street for purpose of groundwater I monitoring; I 9. Approve Resolution authorizing the execution of a Local Professional Services Agreement with Idaho Transportation and Six Mile Engineering for Construction Assistance Services Engineer of Record the for construction of a roundabout at Middleton Road and Ustick Road; 10. Approve Resolution authorizing the execution of an Addendum to the Idaho Transportation Department Agreement (Project No. A0230437) associated with 1-84, Centennial Way IC to Franklin Road IC (Key No. 23437); 11. Approve Resolution accepting an Easement from Vallivue School District # 139 for a domestic water main line to Vallivue Middle School # 1 for purpose of operation and maintenance of public utilities; 12. Approve Resolution accepting an Easement for domestic water main line and sanitary sewer main line from Lexington Partners, LLC for purpose for the operation and maintenance of public utilities; 13. Approve Resolution accepting an Easement for sanitary sewer from Richmond American Homes of Idaho, Inc. for purpose for the operation and maintenance of public utilities; Page 1 of 2 14. Approve Resolution accepting the Dedication of Water, Sewer, Pressure Irrigation, Storm Drain and Street Light Facilities from Adam Ridge Properties, LLC in the Adams Ridge Subdivision, Phase 6; OLD BUSINESS: 1. ACTION ITEM: Public Hearing (Quasi -Judicial): This item was continued from June 6 and July 5, 2023. Case Number: ANN22-000026 CPM22-000011 / ZON22-000013 / SUB22-000043 - Midland Meadows. A request by Breckon Land Design on behalf of Parkland Development LLC., to annex Parcel 3411800000 (approximately 39.21 acres) with a proposed split zoning designation of R-1 (Low Density Residential) on the portion north of Lincoln Road and R-2 (Medium Density Residential) on the portion south of Lincoln Road, and a request for the rezone of Parcel R3411900000 from R-1 (Low Density Residential) to R-2 (Medium Density Residential, to include approval of a development agreement associated with ANN22-000026 and ZON22-000013. Concurrently, the applicant is requesting a comprehensive plan map amendment to add the north portion of Parcel R3411800000 (Approx. 17.9 acres) onto the City's comprehensive plan map area with a LDR (Low Density Residential) comprehensive plan future land use map designation; and a comprehensive plan map amendment to change the future land use map designation of Parcel R3411900000 and the south portion of R3411800000 from LDR (Low Density Residential) to MDR (Medium Density Residential), to include Resolution 432-22 associated with CPM22-000011; and a request for the approval of a preliminary plat for an approximately 80.71 acres development consisting of two -hundred and sixty-six (266) residential lots and twenty-six (26) common lots for Midland Meadows Subdivision. Midland Meadows is proposed to be developed in three (3) phases. The subject site is located on the NWC and SWC of Midland Boulevard and Lincoln Road in Caldwell, Idaho. The Planning and Zoning Commission on April 12, 2023 recommend approval to City Council of all applications. 2. ACTION ITEM: Consider Bi II No. 83 (Ordinance No. 3477) for Case Number: ANN22-000026 with a request to move for its passage by title only and approve the summary for publication. 3. ACTION ITEM: Consider Bill No. 87 (Ordinance No. 3481) for Case Number: ZON22-000013 with a request to move for its passage by title only and approve the summary for publication. NEW BUSINESS: 1. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number: SUB23-9000007: AutumnGold Senior Services, Inc, on behalf ofAdvocates Against Family Violence, Inc. is requesting approval of a preliminary plat, Belardi Crossing Subdivision, to build ten (10) new lots and construct ten (10) new single-family homes. Lots would range in size from 3,327 square feet to 3,992 square feet. The homes will face E Elgin Street and will include rear -load garages accessed via Hope Lane. The homes will be a combination of one, one and one-half, and two-story models and range in size from 980 to 1,280 square feet. The subject parcel (approximately 1.07 acres) is located at 0 Hope Lane, parcel R3509101IB0, in Caldwell, Idaho. The Hearing Examiner made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL ofthe request for Preliminary Plat SUB23- 00007 at their June 28, 2023 public hearing. (Staff Planner: Alex Jones) 2. ACTION ITEM: Public Hearing for the purpose of receiving public comment for the Community Development Block Grant (CDBG) 2023 Program Year — Annual Action Plan for Housing and Urban Development. 3. ACTION ITEM: Consider Resolution authorizing the submittal of the CDBG 2023 Action Plan to the Department of Housing and Urban Development (HUD) and the execution of the Grant Agreement upon HUD approval of the Plan and receipt of the Grant Agreement. 4. ACTION ITEM: Accept the FY-2024 tentative budget and set the public hearing date for Tuesday, August 15, 2023 at 6:00 p.m. 5. ACTION ITEM: Accept the notice of a public hearing to be held on Tuesday, August 15, 2023 at 6:00 p.m. to consider an increase of fees over 5% of that previously charged for Caldwell Event Center, Fire, Caldwell Golf Courses, Police, Planning & Zoning, and Caldwell Recreation Department including new fees and the increase to or creation of fines. 6. ACTION ITEM: Public Hearing for the purpose of increases to the Development Impact Fees above 5% of that previously charged. 7. ACTION ITEM: Consider Resolution increasing Police, Fire, and Parks Impact Fees based on growth in related construction indices. 8. ACTION ITEM: Consider Bill No. 29 (Ordinance No. 3523) amending Chapter 3, Article 1 (03-01-5 (1) of the City Code pertaining to salaries of elected officials with a request to move for its passage by title only and approve the summary for publication. 9. ACTION ITEM: Consider acceptance of the Finance Report. 10. Council Reports. 11. Mayor's Comments. 12. Adjournment. Next Regularly Scheduled City Council Meeting is on Tuesday, August 15 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.ci ofcaldwell.or our- ovemmentltrans arenc /council -documents. Cualquier persona que necesita arreglos especiales para participar en la reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o Ilame al # 455 a 4656 antes de la reunion. Page 2 of 2 BOOK 64 PAGE 129 CALDWELL CITY COUNCIL REGULAR MEETING August 1, 2023 0 6:00 p.m. Mayor Wagoner opened the meeting at the Caldwell Police Department Community Room at 6:00 p.m, and welcomed those in attendance. Father Francis of Our Lady ofthe Valley Church provided the invocation. Mayor Wagoner 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: Doty, Stadick, Register via Zoom), McGee, Allgood, and Williams. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS• None. AUDIENCE PARTICIPATION None. CONSENT CALENDAR The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all ordinances. 2. Approve the minutes for the Caldwell City Council Budget Workshops held on July 6, July 12, July 13, July 14, July 17; and July 25; and approval of the minutes for the Caldwell City Council Regularly Scheduled Meeting held on July 18, 2023; 3. Approve request for a new Alcohol Beverage License (Beer/Wine/Liquor) to be issued to GRIT Ground Game, LLC located at 212 South Kimball Avenue; 4. Approve request by the Caldwell High School for a waiver of the rental fee for Brothers Park ($500 per day) and the Special Event Fee ($75) for the IHSAA4A State Tournament on October 19-21, 2023; 5. Approve Resolution No. 195-23 authorizing the execution of the contract with AXON Body Camera System in the amount of $999,626.95 (ARPA Funds) for use by the Caldwell Police Department; 6. Approve Resolution No. 196-23 authorizing the purchase of a new entry sign for the Caldwell Event Center in the amount of $61,181.22 from Superior Signs; 7. Approve Resolution No. 197-23 authorizing the receipt of grant funds from Walmart Community Funds in the amount of $1,000 for use by the Caldwell Fire Department for the smoke alarm assistance outreach program; 8. Approve Resolution No. 198-23 ratifying the Agreement for Site Access and the Acknowledgement of Encroachment associated with public right-of-way near 321 Main Street and 406 Main Street for purpose of groundwater monitoring; 9. Approve Resolution No. 199-23 authorizing the execution of a Local Professional Services Agreement with Idaho Transportation and Six Mile Engineering for Construction Assistance Services Engineer of Record the for construction of a roundabout at Middleton Road and Ustick Road; 10. Approve Resolution No. 200-23 authorizing the execution of an Addendum to the Idaho Transportation Department Agreement (Project No. A0230437) associated with I-84, Centennial Way IC to Franklin Road IC Key No. 23437); 11. Approve Resolution No. 201-23 accepting an Easement from Vallivue School District #139 for a domestic water main line to Vallivue Middle School #1 for purpose of operation and maintenance of public utilities; 12. Approve Resolution No. 202-23 accepting an Easement for domestic water main line and sanitary sewer main line from Lexington Partners, LLC for purpose for the operation and maintenance of public utilities; 13. Approve Resolution No. 203-23 accepting an Easement for sanitary sewer from Richmond American Homes of Idaho, Inc. for purpose for the operation and maintenance of public utilities; 14. Approve Resolution No. 204-23 accepting the Dedication of Water, Sewer, Pressure Irrigation, Storm Drain and Street Light Facilities from Adam Ridge Properties, LLC in the Adams Ridge Subdivision, Phase 6. MOVED by Allgood, SECONDED by McGee to approve the Consent Calendar as printed. Roll call vote: Those voting yes: Allgood, Williams Doty, Stadick, Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED PAGE 130 OLD BUSINESS ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIALI:THIS ITEM WAS CONTINUED FROM JUNE 6 AND JULY 5, 2023. CASE NUMBER: ANN22-000026 / CPM22-000011 / ZON22-000013 I SUB22-000043 — MIDLAND MEADOWS. A REQUEST BY BRECKON LAND DESIGN ON BEHALF OF PARKLAND DEVELOPMENT LLC., TO ANNEX PARCEL 3411800000 (APPROXIMATELY 39.21 ACRES) WITH A PROPOSED SPLIT ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) ON THE PORTION NORTH OF LINCOLN ROAD AND R-2 (MEDIUM DENSITY RESIDENTIAL) ON THE PORTION SOUTH OF LINCOLN ROAD, AND A REQUEST FOR THE REZONE OF PARCEL R3411900000 FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL, TO INCLUDE APPROVAL OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN22-000026 AND ZON22-000013. CONCURRENTLY, THE APPLICANT IS REQUESTING A COMPREHENSIVE PLAN MAP AMENDMENT TO ADD THE NORTH PORTION OF PARCEL R3411800000 (APPROX. 17.9 ACRES) ONTO THE CITY'S COMPREHENSIVE PLAN MAP AREA WITH A LDR (LOW DENSITY RESIDENTIAL) COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION; AND A COMPREHENSIVE PLAN MAP AMENDMENT TO CHANGE THE FUTURE LAND USE MAP DESIGNATION OF PARCEL R3411900000 AND THE SOUTH PORTION OF R3411800000 FROM LDR LOW DENSITY RESIDENTIAL] TO MDR (MEDIUM DENSITY RESIDENTIAL), TO INCLUDE RESOLUTION 432-22 ASSOCIATED WITH CPM22-000011; AND A REQUEST FOR THE APPROVAL OF A PRELIMINARY PLAT FOR AN APPROXIMATELY 80.71 ACRES DEVELOPMENT CONSISTING OF TWO -HUNDRED AND SIXTY-SIX (266) RESIDENTIAL LOTS AND TWENTY-SIX (26) COMMON LOTS FOR MIDLAND MEADOWS SUBDIVISION. MIDLAND MEADOWS IS PROPOSED TO BE DEVELOPED IN THREE (3) PHASES. THE SUBJECT SITE IS LOCATED ON THE NWC AND SWC OF MIDLAND BOULEVARD AND LINCOLN ROAD IN CALDWELL, IDAHO. THE PLANNING AND ZONING COMMISSION ON APRIL 12, 2023 RECOMMEND APPROVAL TO CITY COUNCIL OF ALL APPLICATIONS) The Mayor opened the public hearing and noted it was continued from June 6 and July 5. He outlined the public hearing procedures. Katie Wright, Planning & Zoning Department located at 621 Cleveland Blvd, provided the staff report by outlining the contents of the staff report. The applicant is proposing a rezone and change to the comprehensive plan map from R-1 (Single-family Residential) to R-2 (Medium -density Residential). The request also includes approval of the preliminary plat with 266 single-family lots on approximately 39.21 acres. The lots to the north are larger than those in the southern portion of the parcel. The City Code requires six -permit open space; the applicant is providing ten - percent open space. The request meets all of the requirements for landscaping, land -use separation, and parking requirements. Elevations ofthe proposed housing designs were presented. She explained that the application was heard by the Planning & Zoning Commission on April 12, 2023. The applicant was instructed to provide an updated traffic study to Idaho Transportation Department and to the Canyon Highway District No. 4. The developer complied with that requirement and comments were received by both agencies. Such agency comments were provided to the Council Members this evening as late exhibits. Agencies that expressed concern with the request were Franklin Ditch Company, Canyon County Highway District No. 4 and Vallivue School District. The developer has made contact with Canyon County Highway District No. 4 and the Vallivue School District regarding matters of concern. A letter was also received from Sunrock regarding the need for an adequate buffer between the two land uses. A required buffer has been included within the conditions of approval. Staff finds that the request is in compliance with the Caldwell City Code and is in conformance with the comprehensive plan inasmuch as it aligns with eight goals and ten policies. The Planning & Zoning Commission recommended approval of all four applications. If the request is approved, staff recommends inclusion of the conditions as specified within the Order of Decision. Robb MacDonald, Public Works Director, provided a map indicating the areas allocated for infrastructure for the development. The applicant would be required to extend water lines from Lincoln Road and Midland Road to the site. He noted that there is an existing network water system within the development that ties to a well at the site. Sewer trunk lines would also be constructed by the developer. Sewer trunk lines would also be provided by the developer. The developer would be required to improve their frontage on Midland Boulevard, which is classified as a minor arterial (half -street improvement from north to south) and expand Lincoln Road to full minor arterial standard. Mr. MacDonald noted that the traffic study revealed areas of concern outside of the project area: Middleton Road/Lincoln Road and Middleton/Hwy. 20/26. He recommended that a north bound and south bound left & right turn lane on Middleton Road at Lincoln Road be required, which would assist with the traffic flow. This intersection has already been selected for construction of a future roundabout. The access at Midland and Hwy. 20/26 is also critical; however, with ITD proposing to start construction between Middleton Road and Star Road in 2024, the proposed development should be on schedule with the upcoming improvements planned by ITD for a traffic signal at that location. PAGE 131 In response to questions from Mayor Wagoner, Mr. MacDonald clarified that the total amount of water lines would amount to approximately two miles in major roadways, not including the internal infrastructure. The developer would be installing such groundwork at their expense. In response to questions from Councilor Stadick, Mr. MacDonald noted that his recommendations regarding traffic turn lanes were not included in the staff report. He requested such recommendations be included in the final motion by Council, if approved. Ms. Wright reported that the letters from ITD and Canyon County Highway District No. 4 were forwarded to the Engineering Department. It was determined by Engineering Department staff that their comments would not be affected by the additional agency information. The language regarding the monetary agreement with Val livue School District was included in the staff report. Councilor Doty addressed the proposed amendments to the comprehensive plan, thus allowing additional housing. He asked for clarification from Ms. MacDonald on the pros and cons of such a request. Mr. MacDonald noted all master plans are based on the current comprehensive plan; thus, development plans in some way affect the city's infrastructure. Revisions to the transportation plan are currently being worked on by Kittleton Associates on behalf of the City of Caldwell. From a traffic standpoint, the consultants are viewing the subject area as low density. The difference between low density and medium density is a calculation of approximately 25 percent more vehicle trips. Councilor Williams commented on the impact that the development would potentially have on traffic within the area. Jon Breckon, Applicant at 6661 North Glenwood Street, Garden City, spoke in favor of the request by use of a PowerPoint presentation. He reported that an agreement was reached with the Vallivue School District regarding a donation of $1,000 per lot. The average minimum lot size was 7,870 sq. ft., which exceeds the required lot size for the R-2 zoning classification. Lots range in size from 6,000 sq. ft. to 12,000 sq. ft. In response to questions from Mayor Wagoner, Mr. Breckon clarified that the development is strictly for single- family homes with no multi -family residences being included within the subdivision preliminary plat. He noted that there were no plans for the vacant field located west of the subject site. Infrastructure improvements on Lincoln Road would take place on the section associated with the development. In response to questions from Councilor Allgood, Mr. Breckon stated that he could not provide statistics this evening regarding the amount of larger vs. smaller lots beyond what was indicated on the plat map. He noted that 2,000 sq. ft. lots were located north of Lincoln Road. Phase I construction was planned to commence next year and would be coordinated with the ITD roadway improvements for the area. Councilor Stadick expressed his concern with the proposed development affecting the Vallivue School District with students from the housing development attending schools. The $1,000 donation by the applicant would not cover the potential costs incurred by the Vallivue School District to provide educational services. Robert Kafka, 20593 Midland Boulevard, spoke in opposition to the request. He noted concerns regarding infrastructure (sewerwate0irrigation), traffic congestion along Hwy. 20/26 and Midland Boulevard, coordination of the development with the ITD infrastructure improvements on Hwy. 20/26; and the fact that construction would leave piles of dirt and weeds for the public view rather than agriculture. In rebuttal, Mr. Breckon addressed the comments made by Mr. Kafka: The site will comply with all municipal irrigation standards. The current irrigation system operated by Mr. Kafka would not be disturbed. A pressurized irrigation system would be installed for the proposed development. The construction schedule would not lend to allowing dirt and weeds to be on site for a lengthy period. Traffic issues have been discussed and resolved with staff from the City of Caldwell, ITD, and Canyon County Hwy. District No. 4. The developer has contributed $150,000 for offsite traffic mitigation improvements per the Ca City Code. Plans include the construction schedule to coordinate with the ITD improvement timetable. The development would comply with the Public Works Director's recommendation for turn lanes per the public testimony. In response to questions from Councilor Williams, Mr. MacDonald clarified that the irrigation plan would be reviewed by City staff and must meet the requirements as defined within City Code. In response to questions from Mayor Wagoner, Mr. Breckon reported that a buffer could be provided between the development and the parcel owned by Mr. Kafka, ifrequired. In response to questions from Councilor Allgood, Mr. Breckon reported that there would be a walking path within the development. MOVED by Doty, SECONDED by Stadick to close the public testimony portion of the public hearing. MOTION CARRIED BOOK 64 PAGE 132 EVIDENCE LIST FOR CASE NO.: ANN22-000026 / CPM22-000011 / ZON22-000013 / SUB22-000043 I . Staff Report and Presentation documents 2. PowerPoint from the applicant 3. Sign-up sheets 4. Infrastructure map provided by Public Works Director Robb MacDonald located within the PowerPoint from staff. 5. CC-1000: Letter from Idaho Transportation Department in acceptance of the request. 6. CC-1001: Letter from Canyon Highway District No. 4 in opposition ofthe request. COMMENTS: Councilor Register inquired about the ability of the developer to place multi -family housing (duplexes) within the development at a future time. Ms. Collins, Planning & Zoning Director, reported that duplexes are outright allowed use within the requested zone; however, the plat only indicates single-family residential homes within the development. If the plat were to change, such a request must return to City Council for consideration. The Development Agreement can include a condition to insure only single-family residences for allowed. Such a restriction would stay with the land. In response to questions from Councilor Allgood, it was confirmed that the subject parcel is contiguous to the Caldwell City Limits. Councilor Williams noted that City staff is currently working on a review of the Comprehensive Plan and it would be best (during the interim period) for the subject property to remain with the R-1 (Single-family Residential) zoning classification. He also referenced traffic concerns associated with the surrounding area. In response to questions from Councilor Allgood regarding the ITD project on Hwy. 20/26, Mr. MacDonald recommended that a condition be added regarding phasing of the development in correlation with completion of the ITD project. ORDER OF DECISION ON CASE NO.: ANN22-000026 / CPM22-000011 / ZON22-000013 / SUB22-000043 MOVED by McGee, SECONDED by Doty based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS the request for an Annexation (ANN22-000026) of parcel R3411800000), a Rezone (ZON22-000011) of parcel R3411900000, a Comprehensive Plan Amendment (CPM22-000013), and a Preliminary Plat (SUB22- 000043) located in the 20-4N-2W NE S 1/2 NE-E OF RR & N OF DR LESS TAX 6 and 20-4N-2W NE NENE LESS E 25' STRIP FOR ROAD, to include approval of a development agreement associated with ANN22-000026 and ZON22-000011, and resolution No 432-22 associated with CPM-22-000008, is approved subject to the condition included the staff report with the addition of: 1) The development is limited to only single-family residences at the subject site. 2) Duplexes are not allowed. 3) Elevations are required to be provided by the developer, noting that the homes must mimic the displayed elevations provided as an exhibit. 4) Turn lanes are required at Lincoln and Middleton Road as recommended by the Public Works Director. Roll call vote: Those voting yes: Allgood and McGee. Those voting no: Williams, Doty, Stadick, and Register, Absent and/or not voting: none. MOTION FAILED COUNCIL COMMENTS REGARDING THE DENIAL DETERMINATION: Councilor Doty stated that the development does not comply with the Comprehensive Plan with larger lots being provided throughout the entire development. MOVED by Stadick, SECONDED by Doty to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 83 [ORDINANCE NO. 34771 FOR CASE NUMBER: ANN22- 000026 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION} 0 This item was removed due to the denial of ANN-22-000026 ACTION ITEM: CONSIDER BILL NO. 87 (ORDINANCE NO. 3481) FOR CASE NUMBER: ZON22- 000013 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) This item was removed due to the denial of ANN-22-000026 BOOK 64 PAGE 133 NEW BUSINESS ACTION ITEM: PUBLIC HEARING 1QUASI-JUDICIALI: CASE NUMBER: SUB23-9000007: AUTUMNGOLD SENIOR SERVICES, INC, ON BEHALF OF ADVOCATES AGAINST FAMILY VIOLENCE, INC. IS REQUESTING APPROVAL OF A PRELIMINARY PLAT, BELARDI CROSSING SUBDIVISION, TO BUILD TEN 1101 NEW LOTS AND CONSTRUCT TEN 1101 NEW SINGLE-FAMILY HOMES. LOTS WOULD RANGE IN SIZE FROM 3,327 SQUARE FEET TO 3,992 SQUARE FEET. THE HOMES WILL FACE E ELGIN STREET AND WILL INCLUDE REAR -LOAD GARAGES ACCESSED VIA HOPE LANE. THE HOMES WILL BE A COMBINATION OF ONE, ONE AND ONE-HALF, AND TWO-STORY MODELS AND RANGE IN SIZE FROM 980 TO 1,280 SQUARE FEET. THE SUBJECT PARCEL JAPPROXIMATELY 1.07 ACRESI IS LOCATED AT 0 HOPE LANE, PARCEL R35091011B0, IN CALDWELL, IDAHO. THE HEARING EXAMINER MADE A RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT SUB23-00007 AT THEIR JUNE 28, 2023 PUBLIC HEARING) The Mayor opened the public hearing. Alex Jones, Planning & Zoning Department located at 621 Cleveland Blvd, provided the staff report by outlining the contents of the staff report. He explained that the landscaping buffers would be included along Elgin and North 141' Avenue. The homes are similar in design to others they have built within the City of Caldwell. Utilities are available to the site. No concerns were expressed by ITD and not comments were received by the public. The Hearing Examiner recommended approval of June 28, 2023. Mr., Jones reported that staff is recommending two additional Conditions of Approval: 1) Upon submittal of the final plat application, the applicant shall provide a ten -foot wide landscape easement along the Elgin Street frontage for all required landscape improvements. 2) The final plat shall include a note stating the following: "The property owners oflots 1 and 12 are responsiblefor the maintenance of all landscaping located within the landscape easement identified on the plat." The application conforms with the comprehensive plan and aligns with the four goals and thirteen policies. If the request were approved, it would be subject to the conditions within the Order of Decision. Cathy Venrick, AutumnGold Affordable Housing at 623 South Kimball Avenue, spoke in favor of the request. She noted that the project would provide affordable homes for buyers. Low-income families are eligible for down payment and closing cost assistance through Idaho Housing & Finance and the City of Caldwell Affordable HousingHUDProgram. The homes would be sold to families that makes under 80% of the AM[. They would also qualify for up to 35% of the purchase price for additional assistance. MOVED by Stadick, SECONDED by Doty to close the public testimony portion ofthe hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.: SUB23-9000007 I . Staff Report and presentation documents 2. Sign-up sheets COMMENTS: In response to questions from Councilor Allgood, Mr. Jones reported that curb, gutter, and sidewalk already exists at the site. Such elements would be upgraded, ifnecessary. ORDER OF DECISION ON CASE NO.: SUB23-000007 MOVED by Allgood, SECONDED by McGee based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS: the request for a Preliminary Plat for Belardi Crossing Subdivision in an T-N (Traditional Neighborhood) zone approximately 1.07 acres on Parcels R35091011 BO, located in the 22-4N-3 W SE TX 18752 IN E 1/2 SE is APPROVED subject to the conditions of approval outlined in the staff report with the inclusion of: 1) Upon submittal of the final plat application, the applicant shall provide a ten -foot wide landscape easement along the Elgin Street frontage for al I required landscape improvements; 2) The final plat shall include a note stating the following: "The property owners oflots 1 and 12 are responsible for the maintenance ofall landscaping located within the landscape easement identified on the plat." Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick, Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by McGee, SECONDED by Doty to close the public hearing. MOTION CARRIED ACTION ITEM: PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023 PROGRAM YEAR — ANNUAL ACTION PLAN FOR HOUSING AND URBAN DEVELOPMENT) f:16Z8]:RZ PAGE 134 Domonique Moreno, City of Caldwell CDBG Coordinator, 411 Blaine Street, provided the staff report by reading a written statement into the record: 1 am the CDBG Specialist for the City ofCaldwell and joining me this evening is Ell_abeth McNannay our CDBG Consultant. The City ofCaldwell 's action plan is our one-year strategic plan to provide an outline ofaction for the community using CDBG Funding as it works toward meeting the housing and community development needs oflow to moderate income and special needs households. We have been a CDBG "entitlement " community since 2016. Three Main Goals of the 2023 Action Plan: 1) Improve access to Affordable Housing 2) Rapid rehousing and homelessness prevention 3) Improving Safety and Livability in our Neighborhoods These goals focus on providing assistance to our most vulnerable residents; those who lack affordable housing, who are atpossible risk ofbecoming homeless and tend to spend a disproportionate amount offtnances on housing costs. The allocation offunding for program year 2023 is in the amount of S444, 484.00. As we prepare to submit our HUD Community Development Block Grant (CDBG) Annual Action Plan, we are here to accept any final public comments during tonight's public hearing. We would also welcome any questions from council members prior to a vote to approve our submission." The Mayor expressed appreciation to Ms. Moreno for the presentation and acknowledged the assistance of Ms. McNannay with the CDBG processes and procedures. No questions followed by the Council Members. MOVED by Stadick, SECONDED by Register to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER RESOLUTION NO. 194-23 AUTHORIZING THE SUBMITTAL OF THE CDBG 2023 ACTION PLAN TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT JHUDJ AND THE EXECUTION OF THE GRANT AGREEMENT UPON HUD APPROVAL OF THE PLAN AND RECEIPT OF THE GRANT AGREEMENT) MOVED by Doty, SECONDED by McGee to approve the Resolution No. 194-23 as printed. Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ACTION ITEM: ACCEPT THE FY-2024 TENTATIVE BUDGET AND SET THE PUBLIC HEARING DATE FOR TUESDAY, AUGUST 15, 2023 AT 6:00 P.M.) Raelynn North, Finance Director at 411 Blaine Street, presented the tentative budget and requested that the public hearing date be set for Tuesday, August 15, 2023 at 6:00 p.m. MOVED by McGee, SECONDED by Doty to approve the tentative budget and set the public hearing date for August 15, 2023 at 6:00 p.m. MOTION CARRIED ACTION ITEM: ACCEPT THE NOTICE OF A PUBLIC HEARING TO BE HELD ON TUESDAY, AUGUST 15, 2023T 6:00 P.M. TO CONSIDER AN INCREASE OF FEES OVER 5% OF THAT PREVIOUSLY CHARGED FOR CALDWELL EVENT CENTER, FIRE, CALDWELL GOLF COURSES, POLICE, PLANNING & ZONING, AND CALDWELL RECREATION DEPARTMENT INCLUDING NEW FEES AND THE INCREASE TO OR CREATION OF FINES) Raelynn North, Finance Director at 411 Blaine Street, requested that the public hearing date be set for Tuesday, August 15, 2023 at 6:00 p.m. MOVED by McGee, SECONDED by Doty to approve the tentative budget and set the public hearing date for August 15, 2023 at 6:00 p.m. MOTION CARRIED ACTION ITEM: PUBLIC HEARING FOR THE PURPOSE OF INCREASES TO THE DEVELOPMENT IMPACT FEES ABOVE 5% OF THAT PREVIOUSLY CHARGED) Brent Orton, Public Works Director at 411 Blaine Street, presented the staff report and outlined the proposed impact fee changes. Rob Pilote, Chairman of the Impact Advisory Committee, 2805 Willow Falls, indicated that he is not in opposition with enforcement of impact fees or the proposed increase as presented tonight by Mr. Orton. He expressed concern; however, with the ongoing need of affordable housing within the community and the effect that impact fees have on the local housing industry. He noted that the proposed impact fee resolution was not thoroughly vetted by the Impact BOOK 64 PAGE 135 Advisory Committee. He noted that he is hopeful in the future for clear communication with the committee regarding such proposals. Mr. Pilote continued regarding the inclusion of the pool within the capital improvement plan. He recommended that, due to the unavailability of the pool's use for the past few years, the pool should be removed from the capital improvement plan at this time. He recommended approval ofthe Fire & Police fees as outlined, but remove the Parks proposed impact fee until the capital improvement plan is reviewed. Mr. Orton confirmed that the proposed Parks Impact Fee does not include the municipal pool calculation within the capital improvement plan. He recommended that an impact fee master plan be created and presented to the Impact Fee Advisory Committee in association with the capital improvement plan. In response to questions from Councilor Doty, Mr. Orton confirmed that the pool calculation was excluded from the impact fee calculation tonight. Councilor Stadick expressed concern regarding the need for routine review of the impact fees by the Impact Fee Advisory Committee and appropriate City staff members. Mr. Orton responded that the impact fees have been updated and are in compliance with the current capital improvement plan. Park impact fee calculations are usually based on number of acres acquired and Police & Fire are based on appropriate matrix calculations. He noted that the Finance Director is in the process of compiling the master plan. Such planning efforts followed by recommended impact fees would be an appropriate method. Discussion followed regarding the need for a routine review of impact fees. This responsibility has been assigned to the Finance Director. A meeting will be scheduled before October 1, 2023. Councilor Stadick emphasized that the City of Nampa's growth statistics should not be compared with Caldwell's growth rates as it relates to the impact fees. In response to questions from Councilor Doty, Mr. Orton reported that a new bid document for the municipal pool has been issued. Mr. Pilote retracted his prior recommendation concerning the removal of the Parks Impact Fee within the resolution based on the new information presented by Mr. Orton about grand total not including the swimming pool calculation. The resolution with all three recommendation (Parks/Fire/Police) should be considered by Council this evening. Mr. Orton clarified that: 1) The FY-2024 proposed budget does include the pool construction project. 2) The pool project has again gone out to bid. 3) Impact fees can only be used for new construction. 4) Construction of the bath house at the pool site would qualify for potential use of impact fees. 5) Maintenance issues involving public facilities are accomplished through use of property tax revenue. MOVED by Williams, SECONDED by McGee to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER RESOLUTION NO. 193-23 INCREASING POLICE, FIRE, AND PARKS IMPACT FEES BASED ON GROWTH IN RELATED CONSTRUCTION INDICES) MOVED by Williams, SECONDED by McGee to approve Resolution No. 193-23 as printed. Roll call vote: Those voting yes: Williams, Doty, Stadick, Register, McGee, and Allgood. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 29 (ORDINANCE NO. 3523) AMENDING CHAPTER 3, ARTICLE 1 103-01-51111 OF THE CITY CODE PERTAINING TO SALARIES OF ELECTED OFFICIALS WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) Tayler Yett. City Attorney at 1303 1211 Avenue Road, Nampa, provided the staff report by outlining the contents of the proposedordinance. She noted that the wage ordinance, in compliance with Idaho Code, must be published 75 days prior to the election. Discussion followed regarding the effectives dates of 2024 and 2026 for proposed adjustments to the annual salaries of the Mayor and City Council The ordinance was presented by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 3, ARTICLE 1, SECTION 03-01-05, PERTAINING TO COMPENSATION PAID TO THE MAYOR AND CITY COUNCIL; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. I:10I01 NMA PAGE 136 MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 29 (Ordinance No. 3523), move for its passage by title only, and approve the summary for publication. Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ACTION ITEM: FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL) Councilor Williams stated that the Finance Committee has reviewed current accounts payable in the amount of 4,336,531.15 for the period ending July 25, 2023 and a net payroll of $608,856.00 for the pay period ending July 15, 2023. MOVED by Williams, SECONDED by Allgood that accounts payable in the amount of $4,336,53.15 represented by check numbers 171147 through 171521 and payroll in the amount of $608,856.00 represented by check numbers 33826 through 388271 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED COUNCIL MEMBER COMMENTS) Councilor Doty shared his condolences for former Attorney General Lawrence Wasden and his family as they mourn the recent loss of their granddaughter due to a fatal incident. Councilor Williams announced the Co -County 13U Little League Team with players from Caldwell and other surrounding communities are headed to the Babe Ruth World Series this summer. He announced that lie would be seeking re-election for City Council Seat #4. Councilor Allgood expressed his concern with land -use approval process involving presentation by applicants trying to satisfy City requirements and move forward with requested development within Caldwell. He requested that this issue be discussed by staff and Council regarding potential training or an Ad Hoc study committees to give clear direction to the City Council members. Council Register concurred with comments from Councilor Allgood. City Code needs to be reviewed regarding land -use issues. She inquired if the land -use requirements are up-to-date in light of ongoing growth factor(s). Councilor McGee announced that he would not be seeking re-election for City Council Seat ,5. He noted his twelve years of public service as an elected official in the Idaho Legislature and the Caldwell City Council. He expressed his deep appreciation for the opportunity to serve as a City Council Member for the past four years and is looking forward to completing his term of office. MAYOR'S COMMENTS) The Mayor expressed his appreciation to Brent Orton in his role as the City of Caldwell Public Works Director for the past 18 years. He welcome Robb MacDonald in his new position as the Public Works Director. The Mayor reported on the fundraising efforts of the Co -County 13U Little League team is raising money for their trip to the Babe Ruth World Services in Virginia this summer. Discussion followed regarding the use of the remaining balance in the City Council Community Relations fund for this purposed. All Council Members were in agreement with this appropriation offunds to assist in the efforts of the Little League team. BOOK 64 PAGE 137 ADJOURNMENT) MOVED by Doty, SECONDED by Stadick to adjourn at 8:18 p.m. MOTION CARRIED APPROVED AS written THIS 15TP. DAY OF Auizust 12023. Q7'w% Mayor -4-057J- Co i r Councilor Stadick TA n 1 -4v- )3-." ounci or Register ATTEST: Debbie Geyer, City Clerk C nci r lgood Coun ilor McGee r 0V CAI-b".. 044 JAN 13 i 1990