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HomeMy WebLinkAbout2023-09-19 City Council MinutesCITY 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 notfeelingwell, please contact the City Clerk's Office or Planning & Zoning Department (land -use public hearings) to arrangeparticipationremotely. The City of Caldwell follows the CDC guidelines to allow for distancing in the public meeting area andprovidemasks/hand sanitizer on site. Virtual Partici afi Orion: Register in advance to provide public comments electronically or by telephone. During the registrationprocess, you will be asked what item on the agenda you wish to speak about. Please use the case number as listed within the writtennotice. On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the er,een "Public meetings" button onthecenterofthepage. After registration, you will receive a confirmation email containing information about joining the virtualmeeting. REGISTER AT:-https://www.citvofcaldwell.ortz Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department atP&Z ci ofcaldwell.or to be included within the staff report. All comments received after the staff report has been transmittedwillbeincludedinthecasefileandprovidedaslateexhibitsattheappropriatepublichearing. Live Stream Viewing: Ifyou are not planning to speak, members of the public are encouraged to view the meeting via the live streamoption: htti)s://www.youtube.com/channef/UCei7.SlAOUJNK6asXxxu2LGA CITY COUNCIL WORKSHOP September 19, 2023 5:00 p.m. A WORKSHOP FOR THE PURPOSE OF DISCUSSING CALDWELL EXECUTIVE AIRPORT ADMINISTRATIVEMATTERSANDPOTENTIALCITYCODEAMENDMENTS CALD EL- REGULAR CITY COUNCIL MEETING AGENDA September 19, 2023 6:00 p.m. INVOCATION OFFERED BY RUSSELL SNOW OF THE CALDWELL CHURCH OF LATTER DAY SAINTS. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. a. Proclamation: National Diaper Needs Awareness Week b. Annual update report by Crime Stoppers c. Western Idaho Community Health Collaborative Community Health Needs Assessment (CHNA) Presentation AUDIENCE PARTICIPATION. CONSENT CALENDAR: )ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) I. 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 September 5, 20233. Approve Findings of Facts and Conclusions ofLaw for denial ofANN23-000006, CPM23-000002: The Land Architects, onbehalfofLaneDevelopmentLLC, is requesting to annex parcel R3566601000 (approx. 1.87 acres) along with the adjacentright-of-way, with a proposed zoning of R-3 (High Density Residential), to include the approval ofa development agreementassociatedwithANN23-000006. Concurrently, the applicant is requesting a comprehensive plan map amendment fromMDR (Medium Density Residential) to HDR (High Density Residential), to include approval ofResolution #23-23 associatedwithCPM23-000002; and approval of a special use permit for the Skyview Villas, consisting of (I0) ten buildings (duplexandtriplexbuildings) with a total of twenty-two (22) dwelling units and three (3) common lots. Buildings along the perimeterareproposedtobetwo-story in height, with the two (2) buildings in the center of the development proposed to be two andone-half stories in height. The subject site is located on the North side of E Ustick Road, and approximately 380.6 feet westoftheintersectionofSIOthAvenueandEUstickRoad, within the City of Caldwell Area of Impact. The City Council madeamotiontodendenL7theseapplicationsattheirSeptember5, 2023 public hearing. (Staff Planner: Alex Jones) 4. Approve the final plat for Shadow Glen Subdivision No. 3. 5. Approve the final plat for Cirrus Point Subdivision No. 7. 6. Approve Resolution authorizing the City of Caldwell to reimburse Ball Ventures Ahlquist (BVA) for additional irrigation infrastructureinexchangefor972LFofC-900 16-inch water class pipe donated to the City from Idaho Transportation; 7. Approve Resolution authorizing the Contract Modification of Burgess & Niple, Inc. (Resolution 79-23 for full design plans oftheLakeLowellCorridorpathwayinCaldwellintheamountof $71,700.00; 8. Approve Resolution authorizing the purchase of two additional staff vehicles from Peterson Chevrolet in Nampa for Fire Preventionasapprovedinthecurrent2023intheamountof $90,219.00; Page I of 2 Approve Resolution accepting an Easement from BVA North Ranch, LLC for the purpose of operating and maintaining a sanitary sewer line located at 3913 Muller Drive; 10. Approve Resolution granting an Easement from the City of Caldwell to Idaho Power for a service cabinet in the Mallard Park area (Resolution 127-23); 11. Approve Resolution accepting an Easement from LLCBVANorthRanch, LLC, North Ranch Distribution Center, , an DBRE, LLC across a portion of their properties for the purpose of a domestic water line; 12. Approve Resolution authorizing the purchase of a flatbed trailer from Quality Trailer Sales in the amount of $16,465.00 for use by Wastewater Treatment Plant; atory Time and Paid Administrative Leave Policy &Procedure for amendments 13. Approve Resolution authorizing the Compens to the Caldwell Employee Handbook; 14. Approve Resolution ratifying the re -negotiated Fire Wage Scale for FY-2024; 15. Approve Resolution accepting the Warranty Deed from Diana Consulting & Design LLC for property acquired by the City of Caldwell located at 0 Ustick Road for the purpose of future right-of-way improvements; 16. Approve Resolution for authorizing the execution of a Professional Services Agreement with Kenneth D. Keene for servicestotheCaldwellPoliceDepartmentintheamountof $90,000.00; 17, Approve Resolution authorizing the execution of a Mutual Assistance Company Law Enforcement Agreement between theCaldwellPoliceDepartment, the Nampa Police Department, the Parma Police Department, the Wilder Police Department, and the Middleton Police Department; 18. Approve Resolution ratifying the Bond Counsel Services Engagement Letter with Skinner Fawcett LLP for the City of Caldwell General Obligations Bond, Series 2023; 19. Approve Resolution ratifying the HRA VEBA Annual Certification as executed by the City of Caldwell Health Trust; 20. Approve Resolution ratifying the Willamette Dental Contract as executed by the City of Caldwell Health Trust; 21. Approve Resolution ratifying the BPA Health Contract as executed by the City of Caldwell Health Trust; 22. Approve Resolution ratifying the Optum Financial FSA Contract as executed by the City of Caldwell Health Trust; 23. Approve Resolution ratifying the Regence Contract as executed by the City of Caldwell Health Trust; 24. Approve Resolution ratifying the Regence Stop Loss Contract as executed by the City of Caldwell Health Trust; 25. Approve Resolution authorizing the execution Animal Shelter Agreement with West Valley Humane Society Contract (three years) in the amount of $65,000.00 for first year and a 50,6 rate increase thereafter. OLD BUSINESS: 1) urpose of taking public comments on proposed fee changes for the Canyon HillACTIONITEM. Public Hearing for the p Cemetery, Caldwell Fire Department, and the Caldwell Parks and Recreation Department. 2) ACTION ITEM: Consider Resolution adopting a Schedule of Fees for services provided and regulatory charges for theCanyonHillCemetery, Caldwell Fire Department, and the Caldwell Parks and Recreation Department effective October 1, 2023. 3) ACTION ITEM: Consider Bill No. 1 (Ordinance No. 3487) for CASE NO: ANN23-000004; Bill 2, (Ordinance No. 3486) for CASE NO: ANN23-000003; Bill No. 3 (Ordinance No. 3485) for CASE NO: ANN23-00002; and Bill No. 90OrdinanceNo. 3484) for CASE NO: ANN22-000028 with a request to move for its passage by title only and approve the accompanying summary documents for publication. NEW BUSINESS: 1) ACTION ITEM: Consider Resolution finding that a deteriorated and deteriorating area, as defined by Idaho Law, existsintheCorporateCityLimitsofCaldwell; the rehabilitation, conservation, redevelopment, or a combination thereof, of suchareaisnecessaryintheinterestofthepublichealth, safety, morals or welfare ofthe residents of Caldwell; there is need fortheUrbanRenewalAgencytofunctioninsucharea; and said area is appropriate for an Urban Renewal Plan and associated proj ects. 2) ACTION ITEM: Public Hearin (Quasi-judicial): ANN23-000008 / CPM23-000005: Jessica Heggie, on behalf of Jacob Booher, is requesting a comprehensive plan land use map amendment from LDR (Low Density Residential) to HDR (HighDensityResidential), as well as annexation with a zoning designation of R-3 (High Density Residential), to include approval of Resolution # 142-23 associated with CPM23-000005 and a development agreement associated with ANN23-000008. The applicant intends to utilize the site for a multi -family development consisting of eight (8) duplex units, totaling sixteen (16) residential dwelling units. The 1.5 acre site, parcel R3270800000, is located at 16566 Montana Avenue, on the east side ofS. Montana Avenue, approximately 2,000 feet south of the intersection with East Homedale Road in Caldwell, Idaho. ThePlanningandZoningCommissionmadearecommendationfordenialattheirAugust9, 2023 public hearing. (StaffPlanner: Katie Wright) 3) ACTION ITEM: Consider Resolution authorizing the execution of a Professional Services Agreement with Agnew Beck Consulting in the amount of $49,950.00 for the creation of a Parks Master Plan; 4) ACTION ITEM: Consider Bill No. 43 (Ordinance No. 3537) amending Chapter 6, by the addition ofa new article, Article3, ofthe Caldwell City Code pertaining to the service fees for certain service calls to assisted living facilities with a request to move for its passage by title only. 5) ACTION ITEM: Consider Bill No. 29 (Ordinance No. 3513) amending Chapter 4, Article 9, Section 04-09-05 of the Caldwell City Code regulating the erection of monuments or tombstones in the Canyon Hill Cemetery and amending Chapter4, Article 9, Section 04-09-11 pertaining to limitation on care of cemetery spaces by an owner or other persons with a request to move for its passage by title only and approve the summary for publication. 6) ACTION ITEM: Consider acceptance of the Finance Report. 7) Council Reports. 8) Mayor's Comments. 9) Adjournment. Next Regularly Scheduled City Council Meeting is on Tuesday, October 3 2023 at 6:00 1D.M. in the Community Room attheCaldwellPoliceStationat110SouthFifthAvenue. Any person needing special accommodations to participate in the meetingshouldcontacttheCityClerkat411BlaineStreetorcall #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- ovemment/trans arenc councii-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 170 CALDWELL CITY COUNCIL WORKSHOP September 19, 2023 5:00 P.M. A WORKSHOP FOR THE PURPOSE OF DISCUSSING CALDWELL EXECUTIVE AIRPORT ADMINISTRATIVE MATTERS AND POTENTIAL CITY CODE AMENDMENTS) Mayor Wagoner opened the workshop session at 5:00 p.m. Scott Swanson, Caldwell Executive Airport Director, provided the staff report by outlining the contents of the proposed ordinance dealing with board member positions and duties of the Caldwell Executive Airport AdvisoryBoard. The board would consist of nine members serving a three-year term as appointed by the City Council. Councilor Stadick expressed concern about the draft document not being vetted by the Airport Commission before tonight's presentation. He expressed his disapproval of the proposed quarterly meetings and limiting meetings to one -hour sessions. He questioned the need for a youth member on the commission and inquired as to who would be serving as the board secretary. Mr. Swanson reported that the airport's administrative assistant would not serve as the board secretary for transcribing the minutes. The administrative assistant would only be responsible for posting the agenda incompliancewiththeIdahoOpenMeetingLaw. Councilor Williams reported that the original draft document was compiled by Brent Orton (prior to his resignationasthePublicWorksDirector) regarding proposed code changes. He stated his agreement with the new name - Caldwell Executive Airport Advisory Board - noting that the title clearly defines the duties of the board members. He concurred with remarks from Mr. Swanson about the need to reorganize the structure of the board, noting that thefinaldecisiontoapprovetheboardmemberswouldbemadebyCityCouncil. Councilor Register asked about the process to appoint board members. Mr. Swanson reported that the current wording states that board members are appointed by the Mayor and approvedbyCityCouncil. Councilor Register recommended that the current wording remain. She commented that the board should meet morefrequentlythanonetimeperquarter. Mr. Swanson reported that FAA projects are routinely executed very slowly. Quarterly meetings would align with project approvals and special meetings could be scheduled as needed. In response to questions from Councilor Register, Mr. Swanson reported that all board positions would be filled by an application process as explained in city code and per provisions within the proposed ordinance. Councilor Register recommended that a selection panel be created. Mayor Wagoner reported that applications would be submitted to the City, reviewed by staff and forwarded to the Mayor for his review and recommendation to Council. The ultimate decision would be made by City Council. Councilor Allgood emphasized that department directors are selected for their knowledge. A nation-wide search was conducted before hiring Mr. Swanson. As a department director, Mr. Swanson is responsible for analyzing andmanagingdailyoperationsand; therefore, should be given the ability of make appropriate decisions. Mayor Wagoner recommended that the wording "into nine members" be included within the ordinance. He spoke in favor of including a youth member on the board. Randy Neary, Airport Commission Vice -Chair, noted that members of the commission were aware that such a document was forthcoming. He stated his opposition to quarterly meetings, noting there are operational issues, which transpire frequently, and should be addressed by the board. He recommended that the youth representative be a non- voting member. Clarification should be given ifthe chair has a voting right. He indicated that in the past, minutes and agenda items have been filtered through staff and thus are not an accurate record. The meetings where RFP reviews and budget issues were discussed were not timed and were very productive. Councilor Register concurred that the youth representative should be a non -voting position. Vivian Ferkin, Airport Commission Member, was present but did not provide any comments. Stan Siewert provided comments regarding the proposed ordinance. He suggested that a staggered membershipschedulebeimplemented. He concurred with the suggestion of having a youth member on the board thus providing another perspective. Meetings should be held more frequency than once a quarter, especially with the current growth BOOK 64 PAGE 171 of the airport facility. He reported that the Nampa Airport Commission meets frequently and actually reviews everyleaseagreement. Agenda item submittals should be available to airport vendors as well. Possibly lease interviewscouldbeanoption, Jean Cridebring reported that she owns property at the Caldwell Executive Airport and expressed concerns aboutplacingtheAirportDirectoraschairoftheboard. Meetings need to be held frequently - not once per quarter. FAAProjectsshouldnotdeterminethefrequencyofthemeetings. She reported that commission members were terminatedwithoutanewordinancebeingapproved. Experienced persons should remain on the board. Councilor Register agreed that the board chair should not be a staff member and that experienced persons should beallowedtocontinuetheirserviceontheboard. Workshop concluded at 6:00 p.m. The Mayor called for a short recess before convening the City Council Meeting. CALDWELL CITY COUNCIL REGULAR MEETING September 19, 2023 6:00 p.m. Mayor Wagoner opened the meeting at the Caldwell Police Department Community Room at 6:05 p.m. andwelcomedthoseinattendance Pastor Jim Porter of the Caldwell Free Methodist Church provided the invocation. Mayor Wagoner led the audienceinthePledgeofAllegiancetotheFlag. The Roll of the City Council was called by the City Clerk with the following members present: Doty, Stadick, Register, McGee (joined the meeting via Zoom at 6.24 p.m.), Allgood, and Williams. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS a. Proclamation: National Dia er Needs Awareness Week Mayor Wagoner read the proclamation into the record and presented it to the representative of Diaper On! Whereas, diaper need, the condition ofnot being able to afforda sufficient supply ofclean diapers to keep babiesandtoddlersclean, dry, and healthy, can adversely affect the health and well-being of children and theirfamilies; and Whereas, a daily or weekly supply ofdiapers is generally an eligibility requirement for babies and toddlers toparticipateinchildcareprogramsandqualityearly -education programs that enable children to thrive andparentstowork; and Whereas, many parents struggling with diaper need report missing an average offive days ofwork each monthduetoaninsufficientsupplyofdiapers; and Whereas, without enough diapers, babies and toddlers risk infections and health problems that may requiremedicalattentionresultinginmedicalcosts, and parents may bepreventedfrom accessing childcare needed togotoworkorschool, thereby destabilizing thefamily's economic prospects and well-being; and Whereas, the people ofCaldwell recognize that diaper need is a public health issue, and addressing diaper needcanleadtoeconomicopportunityforthestate'sfamilies and communities and improved health for children, thus ensuring all children andfamilies have access to the basic necessities required to thrive and reach theirfullpotential; and Whereas, Caldwell is proud to be home to trusted community -based organizations including partners ofIdahoDiaperBankthatrecognizetheimportanceofdiapersinensuringhealthandprovidingeconomicstabilityforfamiliesandthusdistributediaperstofamiliesthroughvariouschannels; and Whereas, through their important work ofaddressing diaper need, diaper banks play a critical role in supportingfamilies, improving infant health and wellbeing, and advancing our local and state economic growth; now Therefore, 1, Jarom Wagoner, Mayor ofthe City ofCaldwell, do hereby proclaim the week ofSeptember 1811throughSeptember24`' 2023 as NATIONAL DIAPER NEED AWARENESS WEEK, in the city of Caldwell, thank the aforementioned diaper bank, their staff, volunteers and donors, for their unwavering service to ourcommunities, and encourage the citizens ofCaldwell to donate generously to diaper banks, diaper drives, and I BOOK 64 PAGE 172 support those organizations that collect and distribute diapers to families struggling with diaper need, so thatallofIdaho 's children andfamilies can thrive and reach theirfull potential. b. Annual u date report by Crime Stonners Brii Mason of Crime Stoppers reported on the mission oftheir organization and services that have been providedtotheCityofCaldwellbyuseofaPowerPoint. She noted that 125 persons from the community participated intheannualshred -it event with 5,930 lbs. of documents being brought in by the community. Six hundred dollarsindonationswerereceivedattheevent. Crime Stoppers received 74 tips in 2022-2023 of tips leading to arrestsbyCaldwellPolice. In response to questions from Councilor Allgood, Ms. Mason reported that call center is located in Texas. TherehasbeenanincreaseofresponsesthroughtheCrimeStopperswebsite. c. Western Idaho Communitv Health Collaborative Cotn LtE Health Needs Assessment CHN4 Presentation Alexus Pickering and Charlene Cario provided an update report by use of a PowerPoint presentation. Ms. Pickering reported that the survey results were gathered on a regional level. The highest needs expressed through the survey were housing and homelessness, behavioral health, and access to care. Other important findingsincludedcostandaccesstochildcare, transportation costs and barriers, intersection of housing, jobs, andtransportation. She noted that the CHNA is working to address these issues within the community. AUDIENCE PARTICIPATION a. Kim Johnson, 16730 Plum Road, Caldwell, reported on the lack of communication by the City of Caldwellregardingthecity's comprehensive plan, dealing especially with future plans for the Area of Impact. She noted that she has attended several meetings hosted by the Canyon County Commissioners regarding the county comprehensive plan. She expressed concern about the lack of adequate signage on properties regarding publichearingsfordevelopmentpurposes. She reported on the efforts within Canyon County and City of Caldwell to promote agriculture -tourism associated with the many seed companies located within Canyon County, mainlyalongHomedaleRoad. She distributed copies ofthe Idaho Farm Bureau Quarterly Magazine and recommended that Council Members review the publication to gain a clear understanding about the need to retain farm ground. b. Gerri Smith, 22517 Bauman, Wilder, expressed concern with growth dealing with parking issues, the poorconditionofHomedaleRoad, and traffic congestion. She noted that information regarding public hearings is not easily accessible to the public. She inquired why the City of Caldwell does not seek approval from theCanyonCountyCommissionersbeforeapprovingannexationswithintheAreaofImpact. She also noted theimportanceofdeveloperspayingforallinfrastructureimprovements. Mayor Wagoner recommended thatPlanning & Zoning staff members assist Ms. Smith concerning the annexation process. c. Caldwell High School Students in Attendance: The Mayor acknowledged Ms. Whitsel, American Government teacher at Caldwell High School and the studentsinattendance. REMOVAL OF NEW BUSINESS AGENDA ITEM Mayor Wagoner reported that the applicant has requested that ANN23-0000081CPM23-000005 (Montana Avenue) be tabled at this time. No action will be taken on New Business Item #2 this evening. CONSENT CALENDAR 1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code 950-902 for all ordinances. 2. Approve minutes for the Regularly Scheduled Caldwell City Council meeting held on September 5, 2023; 3. Approve Findings of Facts and Conclusions of Law for denial of 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 includetheapprovalofadevelopmentagreementassociatedwithANN23-000006. 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 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 areproposedtobetwo-story in height, with the two (2) buildings in the center of the development proposed to betwoandone-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 ofCaldwellAreaofImpact. The City Council made a motion to deny these applications at their September 5, 2023publichearing. (Staff Planner: Alex Jones); 4. Approve the final plat for Shadow Glen Subdivision No. 3; 5. Approve the final plat for Cirrus Point Subdivision No. 7; I: • s7:Z.S! PAGE 173 6. Approve Resolution No. 239-23 authorizing the City of Caldwell to reimburse Ball Ventures Ahlquist (BVA) for additional irrigation infrastructure in exchange for 972 LF of C-900 16-inch water class pipe donated to the City from Idaho Transportation; (MOVED TO NEW BUSINESS FOR FURTHER DISCUSSION( 7. Approve Resolution No. 240-23 authorizing the Contract Modification of Burgess & Nip]e, Inc. (Resolution 79- 23 for full design plans of the Lake Lowell Corridor pathway in Caldwell in the amount of $71,700.00; 8. Approve Resolution No. 241-23 authorizing the purchase of two additional staff vehicles from Peterson Chevrolet in Nampa for Fire Prevention as approved in the current 2023 in the amount of $90,219.00; 9. Approve Resolution No. 242-23 accepting an Easement from BVA North Ranch, LLC for the purpose of operating and maintaining a sanitary sewer line located at 3913 Muller Drive; 10, Approve Resolution No. 243-23 granting an Easement from the City of Caldwell to Idaho Power for a service cabinet in the Mallard Park area (Resolution 127-23); 11. Approve Resolution No. 244-23 accepting an Easement from BVA North Ranch, LLC, North Ranch Distribution Center, LLC, and DBRE, LLC across a portion oftheir properties for the purpose ofa domestic water line; 12. Approve Resolution No. 245-23 authorizing the purchase of a flatbed trailer from Quality Trailer Sales in the amount of $16,465.00 for use by Wastewater Treatment Plant; 13. Approve Resolution No. 246-23 authorizing the Compensatory Time and Paid Administrative Leave Policy & Procedure for amendments to the Caldwell Employee Handbook; 14. Approve Resolution No. 247-23 ratifying the re -negotiated Fire Wage Scale for FY-2024; MMOVED TO NEW BUSINESS FOR FURTHER DISCUSSION) 15, Approve Resolution No. 248-23 accepting the Warranty Deed from Diana Consulting & Design LLC for property acquired by the City of Caldwell located at 0 Ustick Road for the purpose of future right-of-way 16. improvements; Approve Resolution No. 249-23 for authorizing the execution of a Professional Services Agreement with Kenneth D. Keene for services to the Caldwell Police Department in the amount of $90,000.00; 17. Approve Resolution No. 250-23 authorizing the execution of a Mutual Assistance Company Law Enforcement Agreement between the Caldwell Police Department, the Nampa Police Department, the Parma Police Department, the Wilder Police Department, and the Middleton Police Department; 18. Approve Resolution No. 251-23 ratifying the Bond Counsel Services Engagement Letter with Skinner Fawcett LLP for the City of Caldwell General Obligations Bond, Series 2023; 19. 20. Approve Resolution No. 252-23 ratifying the HRA VEBA Annual Certification as executed by the City of Caldwell Health Trust; Approve Resolution No. 253-23 ratifying the Willamette Dental Contract as executed by the City of Caldwell 21. Health Trust; Approve Resolution No. 254-23 ratifying the BPA Health Contract as executed by the City of Caldwell Health 22. Trust; Approve Resolution No. 255-23 ratifying the Optum Financial FSA Contract as executed by the City of Caldwell 23. Health Trust; Approve Resolution No. 256-23 ratifying the Regence Contract as executed by the City of Caldwell Health Trust; 24. Approve Resolution No. 257-23 ratifying the Regence Stop Loss Contract as executed by the City of Caldwell 25, Health Trust; Approve Resolution No. 258-23 authorizing the execution Animal Shelter Agreement with West Valley Humane Society Contract (three years) in the amount of $65,000.00 for first year and a 5% rate increase thereafter. MOVED by Doty, SECONDED by Stadick to amend by Consent Calendar by moving Item 46 and Item #14 to New Business for further discussion. MOTION CARRIED MOVED by Stadick SECONDED by Doty to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Stadick, Register, McGee, Allgood, Williams, and Doty. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS ACTION ITEM: PUBLIC HEARING FOR THE PURPOSE OF TAKING PUBLIC COMMENTS ON PROPOSED FEE CHANGES FOR THE CANYON HILL CEMETERY, CALDWELL FIRE DEPARTMENT, AND THE CALDWELL PARKS AND RECREATION DEPARTMENT) Raelynn North, City Finance Director at 411 Blaine Street, provided the staff report by outlining the fees as contained within the proposed resolution. MOVED by Allgood, SECONDED by Doty to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER RESOLUTION NO. 259-23 ADOPTING A SCHEDULE OF FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES FOR THE CANYON HILL CEMETERY, BOOK 64 PAGE 174 CALDWELL FIRE DEPARTMENT, AND THE CALDWELL PARKS AND RECREATION DEPARTMENT EFFECTIVE OCTOBER 1, 2023) MOVED to Doty, SECONDED by Stadick to approved Resolution No. 259-23 as printed. MOTION CARRIED The Mayor called for a short recess. The meeting reconvened after a five-minute break. ACTION ITEM: CONSIDER BILL NO. 1 (ORDINANCE NO. 3487) FOR CASE NO: ANN23-000004; BILL 2, (ORDINANCE NO. 3486) FOR CASE NO: ANN23-000003; BILL NO. 3 (ORDINANCE NO. 3485) FOR CASE NO: ANN23-00002; AND 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 ACCOMPANYING SUMMARY DOCUMENTS FOR PUBLICATION) Moved by Doty, SECONDED by Stadick to consider Ordinance No. 3487, Ordinance No. 3486, Ordinance No. 3485, and Ordinance No. 3484 by approving one motion. MOTION CARRIED The ordinances were presented by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R-1 (LOW DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63-215. MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 1 (Ordinance No. 3487) for CASE NO: ANN23- 000004; Bill 2, (Ordinance No. 3486) for CASE NO: ANN23-000003; Bill No. 3 (Ordinance No. 3485) for CASE NO: ANN23-00002; and Bill No. 90 (Ordinance No. 3484) for CASE NO: ANN22-000028), move for their passage by title only, and approve the summary documents 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 NEW BUSINESS: APPROVE RESOLUTION NO. 239-23 AUTHORIZING THE CITY OF CALDWELL TO REIMBURSE BALL VENTURES AHLQUIST (BVA) FOR ADDITIONAL IRRIGATION INFRASTRUCTURE IN EXCHANGE FOR 972 LF OF C-900 16-INCH WATER CLASS PIPE DONATED TO THE CITY FROM IDAHO TRANSPORTATION) Robb MacDonald, Public Works Director, explained the reasoning for the requested action about reimbursement to Ball Ventures Ahlquist (BVA) in connection with irrigation infrastructure. Councilor Doty asked for clarification regarding the status of the outstanding traffic mitigation funding from BVA. Mr. MacDonald reported that BVA and the City Attorney have been working to reconcile the traffic mitigation funding for the North Ranch Development through BVA. Councilor Doty expressed concern regarding the lack of payment from BVA for traffic mitigation fees in association with the North Ranch development. He recommended that tonight's request for reimbursement for irrigation infrastructure be held until the traffic mitigation fees have been received from BVA. Mr. MacDonald reported that the item could be continued for two weeks thereby allowing time for staff and legal counsel to pursue a resolve regarding the traffic mitigation fees with representatives from BVA. MOVED by Doty, SECONDED by Stadick to continue this item until the next Regularly Scheduled City Council Meeting to be held on October 3, 2023 allowing staff time to work with BVA leadership regarding traffic mitigation funding to be submitted to the City of Caldwell. MOTION CARRIED BOOK 64 PAGE 175 APPROVE RESOLUTION NO.247-23 RATIFYING THE RE -NEGOTIATED FIRE WAGE SCALE FORFY-2024) Fire Chief Frawley provided the staff report regarding the re -negotiated fire wage scale. In response to questions from Councilor Allgood, Raelynn North, Finance Director, reported that the funding for there -negotiated fire wage scale was appropriated within the FY-2024 budget. MOVED by Allgood, SECONDED by Register to approve Resolution No. 247-23 as printed. MOTION CARRIED ACTION ITEM: CONSIDER RESOLUTION NO. 237-23 FINDING THAT A DETERIORATED ANDDETERIORATINGAREA, AS DEFINED BY IDAHO LAW, EXISTS IN THE CORPORATE CITY LIMITSOFCALDWELL; THE REHABILITATION, CONSERVATION, REDEVELOPMENT, OR ACOMBINATIONTHEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLICHEALTH, SAFETY, MORALS OR WELFARE OF THE RESIDENTS OF CALDWELL; THERE IS NEEDFORTHEURBANRENEWALAGENCYTOFUNCTIONINSUCHAREA; AND SAID AREA ISAPPROPRIATEFORANURBANRENEWALPLANANDASSOCIATEDPROJECTS) Aaron Seable, City Attorney, presented the staff report by outlining the contents of Resolution No. 237-23 notingthattheIdahoStatuteaddressestheUrbanRenewalAgencyrequirementsandfunctions. He explained that theresolutionbeingconsideredtonightmakesthefindingthatthereisapredominanceofconditionswithinthesubjectareaasawhole, which indicates that the region is deteriorating or deteriorated. He noted that Exhibit B provides amapofthedesignatedareaandExhibitCoutlinesthedefinitionofdeterioratedordeterioratingtoincludestructures, inadequate street or lot layout, unusual conditions of title and diversity of ownership. The conditions mustsubstantiallyimpairthesoundgrowthofthemunicipality. The reasons for the recommendation have been includedwithintheresolution. He outlined the contents of Exhibit C with the provided pictures and narratives. Mr. Seable reported that staff members, Robb MacDonald (Public Works Director) and Steve Jenkins (EconomicDevelopmentDirector) would speak specifically to the determinations made relating to the subject area. Steve Jenkins, Economic Development Director, reported on the meeting held with the Urban Renewal Agency BoardofCommissionersregardingtheproposedplansandprojectsassociatedwiththeproposedreallocationarea. TheboundariesarebasedondiscussionsheldwithstaffandtheURAcommissionersasitrelatestofuturegrowth. HenotedthattheCaldwellEastUrbanRenewalDistrict, which recently sunsetted, was approximately 4,400 acres insize. The newly proposed reallocation area is less than 100 acres. Robb MacDonald, Public Works Director, reported that there are certain streets in Downtown Caldwell that are inneedofrehabilitation, especially the sidewalk/curb..-'gutter areas. It was wise to include Albany Street within theboundarytoallowforimprovementsaswellastheintersectionslocatedat5t' Avenue, Blaine Street, and ClevelandBoulevardpertainingtotrafficflowpatterns. Councilor Stadick reported that he had received phone calls regarding the expansion of the boundaries to SimplotBoulevardandCentennialWay, north to the railroad tracks and back down. Since these are areas needing attention, could the boundaries be expanded? Mr. Jenkins stated that the footprint of the boundaries was reviewed by staff members in correlation to proposedprojectsforthearea. He emphasized that the area and the projects must align. Staff recommended the currentboundariesatthistimeinconsiderationofthetimingandcompletionofprojectsforthesubjectarea. Potentially, other areas could be considered in the future. In response to questions from Councilor Stadick, Mr. Jenkins confirmed that one of the projects planned for thesubjectareawouldbetoaddressparkingconcernsinthedowntown. He noted that staff is currently working on aproposedparkingplan. Mr. Seable clarified that tonight's resolution is an invitation to the Urban Renewal Agency to propose a future planthatwouldincludedetails. This resolution does not create the area, but defines that the area could use attention andthedeterminationcouldnowbeforwardedtotheUrbanRenewalAgencyBoardofCommissionersforfurtheraction. Councilor Stadick emphasized that language within further documents should address parking needs within thesubjectarea. Councilor Doty concurred with comments from Councilor Stadick. He noted the importance for inclusion of a parking structure within the subject area. He spoke in favor of the proposed URA Re -allocation Area being smallerwithspecificprojectstoassistwiththeexpansionandgrowthwithinDowntownCaldwell. He emphasized that thenewlyproposedURAdistrictisnotrequiredtoexistforaperiodoftwentyyearsbeforesunsetting. il I BOOK 64 PAGE 176 The Mayor and City Attorney concurred that the period of a re -allocation area cannot exceed twenty years, but could also be less than twenty years. Councilor Allgood expressed the need to also review ground water issues within the subject area. Such issues must be mitigated before growth or expansion could continue within a municipality. Councilor Williams expressed the need for specifics ofhow the URA re -allocation area would be used appropriately. Councilor Register concurred with comments from Councilor Williams and recommended explicate details within the forthcoming plan. Councilor McGee expressed his support of the proposed URA re -allocation area. This is the next step and a strategictooltouseforneededprojectstobeaddressedwithinthesubjectarea. Mayor Wagoner again emphasized that this is the first step regarding a potential URA re -allocation area and a detailed plan to follow. Rob Pilote inquired regarding the taxation process associated with a newly proposed URA re -allocation area and the completion ofcurrent URA projects within the downtown area. Discussion followed. MOVED by Doty, SECONDED by Stadick to approve Resolution No. 237-23 defining the deteriorated or deteriorating area as described within Idaho Code in conjunction with the formation of a future URA plan andassociatedprojects. 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: PUBLIC HEARING (QUASI-JUDICIAL): ANN23-000008 / CPM23-000005: JESSICA HEGGIE, ON BEHALF OF JACOB BOOHER, IS REQUESTING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT FROM LDR (LOW DENSITY RESIDENTIAL) TO HDR (HIGH DENSITY RESIDENTIAL), AS WELL AS ANNEXATION WITH A ZONING DESIGNATION OF R-3 (HIGH DENSITY RESIDENTIAL), TO INCLUDE APPROVAL OF RESOLUTION # 142-23 ASSOCIATED WITH CPM23-000005 AND A DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN23-000008. THE APPLICANT INTENDS TO UTILIZE THE SITE FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF EIGHT (8) DUPLEX UNITS, TOTALING SIXTEEN (16) RESIDENTIAL DWELLING UNITS. THE 1.5 ACRE SITE, PARCEL R3270800000, IS LOCATED AT 16566 MONTANA AVENUE, ON THE EAST SIDE OF S. MONTANA AVENUE, APPROXIMATELY 2,000 FEET SOUTH OF THE INTERSECTION WITH EAST HOMEDALE ROAD IN CALDWELL, IDAHO. THE PLANNING AND ZONING COMMISSION MADE A RECOMMENDATION FOR DENIAL AT THEIR AUGUST 9, 2023 PUBLIC HEARING) This item was removed from the agenda per the request ofthe applicant to table the matter as this time. ACTION ITEM: CONSIDER RESOLUTION NO. 260-23 AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AGNEW BECK CONSULTING IN THE AMOUNT OF S49,950.00 FOR THE CREATION OF A PARKS MASTER PLAN) Juli McCoy, Parks & Recreation Director, provided the staff report regarding the request. She explained that the vendor would review the needs of the City and address an updated park system plan, the condition of the current public playground, and condition of the urban canopy. MOVED by Doty, SECONDED by Stadick to approve Resolution No. 260-23 authorizing the execution of a Professional Services Agreement with Agnew Beck Consulting. 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: CONSIDER BILL No. 43 (ORDINANCE NO.3537) AMENDING CHAPTER 6, BY THE ADDITION OF A NEW ARTICLE, ARTICLE 3, OF THE CALDWELL CITY CODE PERTAINING TO THE SERVICE FEES FOR CERTAIN SERVICE CALLS TO ASSISTED LIVING FACILITIES WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY) BOOK 64 PAGE 177 Fire Chief Frawley provided the staff report. He noted that he has been working with City Attorney Doug Waterman regarding this matter over the past several months. The need for the regulation was spurred by the frequency of calls for assisted care facilities. When crews arrive on scene, the facility staff members report that they do not have appropriate staff levels to assist with the residents; therefore, fire crews are being utilized to compensate for the staffing shortages within such facilities. The ordinance addresses this matter with the allowance of fees for such service calls to assisted living facilities. In response to questions from Mayor Wagoner, Chief Frawley reported that fire crews routinely respond to approximately twenty calls per month to assisted living facilities. He noted that contact would be made with the leadership of assisted living facilities regarding the limitation of services by fire crews and the assessment of fees in compliance with the ordinance. Mayor Wagoner commented on the necessity for the ordinance. He explained that currently when residents fall, some of the facilities are inadequately staffed to assist with such needs. They are calling Emergency 911 for fire department crew members to pick up residents and place them in bed. This action will give assisted living facilitiestheincentivetobesufficientlystaffed. The ordinance was presented by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, BY THE ADDITION OF A NEW ARTICLE, ARTICLE 3, PERTAINING TO THE SERVICE FEES FOR CERTAINSERVICECALLSTOASSISTEDLIVINGFACILITIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS ANDPARTSTHEREOF, IN CONFLICT HEREWITH. MOVED by Allgood, SECONDED by Doty to sponsor Bill No. 43 (Ordinance No. 3537) and move for its passagebytitleonly. 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 ACTION ITEM: CONSIDER BILL NO.29 (ORDINANCE NO.3513) AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-05 OF THE CALDWELL CITY CODE REGULATING THE ERECTION OF MONUMENTS OR TOMBSTONES IN THE CANYON HILL CEMETERY AND AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-11 PERTAINING TO LIMITATION ON CARE OF CEMETERY SPACES BY AN OWNER OR OTHER PERSONS WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION. City Attorney Aaron Seable provided the staff report by outlining the contents of the ordinance. He reported that he has worked closely with cemetery staff members in drafting the document. The ordinance was presented by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-05, OF THE CALDWELL CITY CODE, REGULATING THE ERECTION OF MONUMENTS OR TOMBSTONES IN THE CANYON HILL CEMETERY; AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-11, OF THE CALDWELL CITY CODE, PERTAINING TO LIMITATIONS ON CARE OF CEMETERY SPACES BY AN OWNER OR OTHER PERSONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FORSEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTSTHEREOF, W CONFLICT HEREWITH. MOVED by Doty, SECONDED by Stadick to sponsor Bill No.29 (Ordinance No. 3513) and move for its passagebytitleonlyandapprovethesummaryforpublication. 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: CONSIDER THE ACCEPTANCE OF THE AWARD OF BID (RESOLUTION NO.238- 23) FOR THE NANCOLAS CENTER REHABILITATION PROJECT (TENANT IMPROVEMENTS FOR THE OT AND 2ND FLOORS) FOR THE PURPOSE OF RELOCATING CITY ADMINISTRATIVE OFFICES (CITY HALL) IN AN AMOUNT NOT TO EXCEED $2 MILLION DOLLARS AND AUTHORIZE THE MAYOR TO EXECUTE THE CORRESPONDING DOCUMENTS) Robb MacDonald, Public Works Director, reported that six bids were received on Friday for the project. At the timeoftheinitialreviewofthebids, the apparent low bidder was Anderson Construction. However, it was noted later that there was an error in their calculation, which increased the bid by an additional forty-five thousand dollars. The BOOK 64 PAGE 178 bids were again reviewed by City staff with the apparent low bidder being Kreizner Construction in the amount of1,594,000.00. MOVED by Doty, SECONDED by Stadick to consider the acceptance ofthe Award of Bid (Resolution No. 238-23) for tenant improvements for the Nancolas Center Rehabilitation Project to Kreizner Construction and authorize theMayortoexecutecorrespondingdocuments. 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 Register stated that the Finance Committee has reviewed current accounts payable in the amount of 5,865,066.21 for the period ending September 12, 2023 and a net payroll of $614,891.91 for the pay period endingAugust26, 2023. S,ttrrfsrrR. MOVED by Register, SECONDED by Wil>ha tt§r'that 4Gco'ktits payable in the amount of $5,865,066.21 represented by check numbers 172294 through 172537,aohd:pa brpl.in the'amount of $614,891.91 represented by check numbers38924through38948anddirectdeposit5teacx6pted, 6' iieiis approved, and vouchers filed in the office of theypCityClerk. + . i MOTION CARRIEDCOUNCILMEMBERCOMMENTaS),, % Councilor Allgood expressed appreciatiolmfor irfe'fv'enfion by, staff in contacting the vendor awarded the professionalserviceagreementfortheComprehensivePIangudyandconfirmthatprioritywouldbegivenforthemtoreviewtheComprehensiveMap, Councilor Williams commented on the success of the Indian Creek Festival. He expressed appreciation for the completion of some of the roadway improvements within the community. Councilor Doty announced his retirement from the Idaho State Police this month and the necessity of leaving hisdutiesasaCityCouncilMemberforaspecifiedperiodincompliancewithPersiretirementmandates. He noted hisdesiretoapplyforre -appointment to the position at the appropriate time. Councilor Stadick reported on activities at the Caldwell Veterans Memorial Hall including a recent fundraiser where2,000 was earned. Councilor Register reported on the upcoming Youth Forum to take place on September 27, 2023 at the College of Idaho. She inquired about the availability of Caldwell High School students to conduct art project on the existingwaterboxesthroughoutthecommunity. She recommended that a time capsule be formulated for placement at theNancolasCenterwhenCityHallrelocatestothesite. MAYOR'S COMMENTS) The Mayor reported on the need for the short recess during tonight's meeting was due his son being seriously injuredatasoccergameinEmmett. The Mayor reported that the tug-of-war event at the Indian Creek Festival was won by the Mayor's team withparticipantsfromtheCollegeofIdahofootballteam. Uncoming Events: Friday, September 22, 2023: Caldwell High School Homecoming Friday, October 6, 2023: Caldwell High School vs. Vallivue High Schoolfootball game at 7. 00 p.m. ADJOURNMENT MOVED by Stadick, SECONDED by Doty to adjourn at 8:06 p.m. MOTION CARRIED BOOK 64 PAGE 179 APPROVED AS written THIS 3rd DAY OF October 2023• ATTEST: J Debbie Geyer, City Clerk JAN 15 f 1