HomeMy WebLinkAbout2023-07-05-2023 Council MinutesCITY OF CALDWELL
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REGULAR CITY COUNCIL MEETING
AGENDA
Wednesday, July 5, 2023
6:00 p.m.
INVOCATION OFFERED BY PASTOR BOB LARSON OF CALDWELL CALVARY CHAPEL.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
A. Special Presentation by ChiefIngram — Caldwell Police Department.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMSI
1. 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 meeting held on June 20, 2023;
3. Approve request for a waiver of the Special Event Permit in the amount of $75.00 for the Annual Step Up for Down
Syndrome hosted by the Treasure Valley Down Syndrome Association to be held at the Indian Creek Plaza on
September 23, 2023;
4. Approve Resolution authorizing the acceptance of a five-year contract for Micromain Software to allow for facility
requests and tracking for use by the Facilities Department in the amount of $6,331.00 (FY2024);
5. Approve Resolution declaring surplus hydraulic extrication equipment at the Caldwell Fire Department to be donated
to the Sand Hollow Fire Department;
6. Approve acceptance of a legal notice and set the public hearing for Tuesday, July i 8, 2023 at the next Regularly
Scheduled City Council Meeting at 6:00 p.m. for the purpose of the adoption of proposed fee increases beyond 5%
associated with sewer and water connection fees;
7. Approve Resolution to accept amendments to the Caldwell Supplemental Specifications for the Caldwell Municipal
Irrigation District;
8. Approve request for accepting the Warranty Deed for property known as 105 and 107 Belmont Street for the purpose
of expansion ofcritical City facilities;
9. Approve Resolution authorizing the execution of a Memorandum of Understanding with Canyon County Highway
District No. 4 for cooperation in a project to build shared use shoulders on Indiana Avenue and Orchard Avenue to
supersede previously approved Resolution No. 295-20;
10. Approve Resolution accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain and Street Light
Facilities from Richmond American Homes of Idaho, Inc. for Pappy's Landing Subdivision;
1 I. Approve Resolution accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain and Street Light
Facilities from Mason Creek Development, LLC for Mason Creek Grove Subdivision, Phase 1;
12. Approve Resolution accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain and Street Light
Facilities from Lennar Homes of Idaho for Mandalay Ranch Subdivision, Phase 4;
13. Approve Resolution accepting the dedication of Domestic Water Main Line and Street Lights from Lone Star Land
LLC for LS Ranch Subdivision, Phase 3;
14. Approve Resolution accepting the dedication of Domestic Water Main Line and Pressure Irrigation Main Lines Ustick
Storage, LLC for Ustick Storage at 17848 Middleton Road.
OLD BUSINESS:
1. ACTION ITEM: Public Hearing (Quasi -Judicial): This item was continued from June 20, 2023. Case Number:
SUB23-000009 (Prairie Creek): The applicant, J-U-B Engineers, on behalf of Endurance Holdings LLC, is requesting
approval of preliminary plat for the Prairie Creek Subdivision, within an R-I (low density residential) zone and within
a LDR (low density residential) comprehensive plan designated area. Prairie Creek Subdivision includes
Page 1 of 2
approximately 40.74 acres with 119 single-family residential lots, 18 common areas lots, 2 shared driveway lots and 1
irrigation lot, for a total of 140 lots. The project is proposed to be developed in two (2) phases. The subject properties
are located South of Ustick and East of Bear Lane, on the NEC of Bear Lane and Laster Street, Parcel numbers
R3258500000 and R3258501000, in Caldwell, Idaho. The Hearing Examiner, at the May 10, 2023 public hearing,
recommended approval of SUB23-000009 to be forwarded to City Council for consideration. (Staff Planner: Alex
Jones) Per the request of City Staff, it is recommended that this item be continued to the next Regularly Scheduled
City Council Meeting to he held on July} M, 2023.
ACTION ITEM: Public Hearing (Quasi -Judicial): This item was continued from June 20, 2023. Case Number(s):
TE23-000010: Kent Brown, Planning Services, and Trilogy Idaho, on behalf of Challenger Development Inc. is
requesting a six (6) month preliminary plat renewal and time extension for Topaz Ranch West #1. The original
preliminary plat (S[JB-19P-08) was approved by City Council in July of 2020. The plat has had a one (1) year
administrative time extension (TE22-000005) that was approved on May 27, 2022 and expires on May 27, 2023. Topaz
Ranch ii 1 is close to completing all ofthe improvements for the subdivision, but the applicant is requesting a six-month
time extension due to weather delays. The subject property address is 0 Marble Front Road, parcel R3527901000, and
is physically located on the south side of Marble Front Road, approximately 223' from the intersection of Marble Front
Road and Mason Road in Caldwell, Idaho. (Staff Planner: Alex Jones).
ACTION ITEM: Public Hearing (Quasi -Judicial): This item was continued from June 6, 2023. Case Number:
ANN22-000026/ CPM22-000011 / ZON22-000013/ SUB22-000043 (Midland Meadows): A request by Mary Wall
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 ofR3411800000
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 ai.d SWC of Midland Boulevard and Lincoln Road in Caldwell, Idaho. The Planning and Zoning Commission, at
the April 12, 2023 public hearing, made a recommendation for approval of the annexation, comprehensive plan amendment, rezone,
and preliminary plat to be forwarded to City Council for consideration. (Staff Planner: Katie Wright) Staff &•
requesting; that Council continue the itent until August 1. 2023 to allow the applicant additional time
to complete the Planning and Zoning Commission required conditions. NEW BUSINESS: I. ACTION ITEM: Public
Hearing (Quasi -
Judicial) Case Number(s): SUB23-000010: A request by Horrocks Engineers, on behalf of AT North
Ranch A LP, for an amendment to the final plat for North Ranch Business Park Ph. 1 (SUB20-000018). The proposed amendment
is to modify approximately the 30.08 acre site by dividing it into two approximately equal sized lots. The subject
property is within North Ranch Business Park Phase #l, located at 4321 Muller Drive, at the northwest corner
of Muller Drive and Smeed Parkway, in Caldwell, Idaho. (Staff Planner: Alex Jones) 2. ACTION ITEM: Public Hearing (
Quasi -
Judicial) Case Number(s): TE23-000009: Jason Ramsey, on behalf of 10" Avenue Heights LLC, is requesting a
six (6) month preliminary plat renewal and time extension for 101h Avenue Heights Preliminary Plat, which will include
an extension of time for the associated Special Use Permit (SUP-20-10). The original preliminary plat (SUB-20P-
10) was approved by City Council on March 15, 2021. The plat has had a one 1) year administrative time extension (TE22-
000002) that was approved on May 27, 2022 and expires on May 27, 2023. 101h Avenue Heights is close
to completing all of the improvements for the subdivision, but the applicant is requesting a six-month renewal and
time extension to allow for the final paving and processing of the final plat application. The subject property address is
0 1001 Avenue Heights, parcel R3566400000, and is physically located approximately 150 feet south of the
intersection between South 10th Ave. and Amber St., on the west side of Amber St., in Caldwell, Idaho. (Staff Planner:
Morgan Bassaw) 3. ACTION ITEM: Consider Bill No.
32 (Ordinance No. 3516) amending Chapter 3, Article 3 of the Caldwell City Code (Sections 03-03-01 and
03-03-03) pertaining to the appointment of Appointed Officials and their terms of office with a request to move for
its passage by title only and approve the summary for publication. 4. ACTION ITEM: Consider Bill No.
33 (Ordinance No. 3517) for a request to annex Mandalay Ranch Subdivision Phase 4 (Inst. No. 2023-000889)
into the Caldwell Municipal Irrigation District with a request to move for its passage by title only. 5. ACTION ITEM:
Consider Bill No.
34 (Ordinance No. 3518) for a request to annex Mason Creek Grove Subdi} ision Phase 1 (Inst. No. 2023-004806)
into the Caldwell Municipal Irrigation District with a request to move for its passage by title only. 6. ACTION ITEM:
Consider Bill No.
35 (Ordinance No. 3519) for a request to annex Arbor Subdivision, Phase 4 (Inst. No. 2023-010888) into the Caldwell
Municipal Irrigation District with a request to move for its passage by title only. 7. ACTION ITEM: Consider Resolution No.
166-23 authorizing a partial vacation of Tate's Way as a conditional approval and allow the vacation to
be finalized once all items as required by the City Engineering Department, in conjunction with said vacation, have been
approved. 8. ACTION ITEM: Consider acceptance of
the Finance Report. 4. Council Reports. 5. Mayor's
Comments. 6. Adjournment.
Next Regularly Scheduled City
Council Meeting
is on Tuesday. July 18, 2023 at 6:00 a.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 #4554656
prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.citvofcaldwell.org/vour-p-
ovemment/transparenc ticoundl-documents. Cuaiquier personaque necesita arreglos especiales para participar en la reunion debe comunicarse
con el Secretario de la Ciudad en 411 Blaine Street o flame at # 455 a 4656 antes de ]a reunion. Page 2 of 2
BOOK 64 PAGE 97
CALDWELL CITY COUNCIL
REGULAR MEETING
July 5, 2023
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.
Pastor Jim Porter of the Caldwell Free Methodist 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,
McGee, Allgood, Absent: Williams.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Caldwell Police Department Chie Ingram):
Chief Ingram shared comments regarding the daily situations that police officers face to protect the citizens of
Caldwell and the community as a whole. He acknowledged Mr. James M. Runsvold who recently provided a Good
Policy Award certificate to Chief Ingram and the Caldwell Police Department officers for: "Demonstrating a high
degree ofprofessionalism by exercising commendable patience, restrain, and goodjudgement in the discharge ofthe
official duties by subduing andtaking into custody one Cody Burnett without resort to deadlyforce, at likely tangible
risk to their own personal safety. "
Mr. Runsvold expressed appreciation to Chief Ingram and the officers within the Caldwell Police Department for
handling law enforcement situations in a professional manner.
AUDIENCE PARTICIPATION
None.
AMENDMENTS TO THE AGENDA
MOVED by Doty, SECONDED by Stadick to move Consent Calendar Item ##5 to New Business at Item 7-A for
further discussion.
MOTION CARRIED
CONSENT CALENDAR
1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code 950-902 for all
ordinances.
2. Approve the minutes for the Caldwell City Council meeting held on June 20, 2023,
3. Approve request for a waiver of the Special Event Permit in the amount of $75.00 for the Annual Step Up
for Down Syndrome hosted by the Treasure Valley Down Syndrome Association to be held at the Indian
Creek Plaza on September 23, 2023;
4. Approve Resolution No. 169-23 authorizing the acceptance of a five-year contract for Micromain Software
to allow for facility requests and tracking for use by the Facilities Department in the amount of $6,331.00
FY2024);
5. Approve Resolution No. 170-23 declaring surplus hydraulic extrication equipment at the Caldwell Fire
Department to be donated to the Sand Hollow Fire Department; [MOVED TO NEW BUSINESS FOR
FURTHER DISCUSSION]
6. Approve acceptance of a legal notice and set the public hearing for Tuesday, July 18, 2023 at the next
Regularly Scheduled City Council Meeting at 6:00 p.m. for the purpose of the adoption of proposed fee
increases beyond 5% associated with sewer and water connection fees;
7. Approve Resolution No. 171-23 to accept amendments to the Caldwell Supplemental Specifications for the
Caldwell Municipal Irrigation District;
8. Approve Resolution No. 172-23 accepting the Warranty Deed for property known as 105 and 107 Belmont
Street for the purpose ofexpansion of critical City facilities;
9. Approve Resolution No. 173-23 authorizing the execution of a Memorandum of Understanding with
Canyon County Highway District No. 4 for cooperation in a project to build shared use shoulders on Indiana
Avenue and Orchard Avenue to supersede previously approved Resolution No. 295-20;
10. Approve Resolution No. 174-23 accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain
and Street Light Facilities from Richmond American Homes of Idaho, Inc. for Pappy's Landing
Subdivision;
CITER ME PAGE 98
1 1. Approve Resolution No. 175-23 accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain
and Street Light Facilities from Mason Creek Development, LLC for Mason Creek Grove Subdivision,
Phase 1;
12. Approve Resolution No. 176-23 accepting the dedication of Sewer, Water, Pressure Irrigation, Storm Drain
and Street Light Facilities from Lennar Homes of Idaho for Mandalay Ranch Subdivision, Phase 4;
13. Approve Resolution No. 177-23 accepting the dedication of Domestic Water Main Line and Street Lights
from Lone Star Land LLC for LS Ranch Subdivision, Phase 3;
14. Approve Resolution No. 178-23 accepting the dedication of Domestic Water Main Line and Pressure
Irrigation Main Lines Ustick Storage, LLC for Ustick Storage at 17848 Middleton Road.
MOVED by Doty, SECONDED by Stadick to approve the Consent Calendar as amended.
Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, and Allgood. Those voting no: none. Absent
and/or not voting: Williams.
MOTION CARRIED
OLD BUSINESS
ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): THIS ITEM WAS CONTINUED FROM JUNE
20, 2023. CASE NUMBER: SUB23-000009 (PRAIRIE CREEK): THE APPLICANT, J-U-B ENGINEERS,
ON BEHALF OF ENDURANCE HOLDINGS LLC, IS REQUESTING APPROVAL OF A PRELIMINARY
PLAT FOR THE PRAIRIE CREEK SUBDIVISION, WITHIN AN R-1 (LOW DENSITY RESIDENTIAL)
ZONE AND WITHIN A LDR (LOW DENSITY RESIDENTIAL) COMPREHENSIVE PLAN DESIGNATED
AREA. PRAIRIE CREEK SUBDIVISION INCLUDES APPROXIMATELY 40.74 ACRES WITH 119
SINGLE-FAMILY RESIDENTIAL LOTS, 18 COMMON AREAS LOTS, 2 SHARED DRIVEWAY LOTS
AND I IRRIGATION LOT, FOR A TOTAL OF 140 LOTS. THE PROJECT IS PROPOSED TO BE
DEVELOPED IN TWO (2) PHASES. THE SUBJECT PROPERTIES ARE LOCATED SOUTH OF USTICK
AND EAST OF BEAR LANE, ON THE NEC OF BEAR LANE AND LASTER STREET, PARCEL
NUMBERS R3258500000 AND R3258501000, IN CALDWELL, IDAHO. THE HEARING EXAMINER, AT
THE MAY 10, 2023 PUBLIC HEARING, RECOMMENDED APPROVAL OF SUB23-000009 TO BE
FORWARDED TO CITY COUNCIL FOR CONSIDERATION.
This item was continued to the next Regularly Scheduled City Council Meeting to be held on July 18, 2023.
MOTION CARRIED
ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): THIS ITEM WAS CONTINUED FROM JUNE
20, 2023. CASE NUMBER(S): TE23-000010: KENT BROWN, PLANNING SERVICES, AND TRILOGY
IDAHO, ON BEHALF OF CHALLENGER DEVELOPMENT INC. IS REQUESTING A SIX (6) MONTH
PRELIMINARY PLAT RENEWAL AND TIME EXTENSION FOR TOPAZ RANCH WEST #1. THE
ORIGINAL PRELIMINARY PLAT (SUB-19P-08) WAS APPROVED BY CITY COUNCIL IN JULY OF
2020. THE PLAT HAS HAD A ONE (1) YEAR ADMINISTRATIVE TIME EXTENSION (TE22-000005)
THAT WAS APPROVED ON MAY 27, 2022 AND EXPIRES ON MAY 27, 2023. TOPAZ RANCH #1 IS
CLOSE TO COMPLETING ALL OF THE IMPROVEMENTS FOR THE SUBDIVISION, BUT THE
APPLICANT IS REQUESTING A SIX-MONTH TIME EXTENSION DUE TO WEATHER DELAYS. THE
SUBJECT PROPERTY ADDRESS IS 0 MARBLE FRONT ROAD, PARCEL R3527901000, AND IS
PHYSICALLY LOCATED ON THE SOUTH SIDE OF MARBLE FRONT ROAD, APPROXIMATELY 223'
FROM THE INTERSECTION OF MARBLE FRONT ROAD AND MASON ROAD IN CALDWELL,
IDAHO.
The Mayor noted that the testimony portion of the public hearing remained open for the purpose of addressing
concerns from April Long for a variety of matters affecting her property associated with the development.
Alex Jones, Associate Planner at 621 Cleveland Boulevard, noted that there are no changes to the plan.
Kent Brown, Applicant, spoke in favor ofthe request. He indicated that the construction superintendent met with Ms.
Long on site and addressed many of the concerns noted in an email sent by Ms. Long. He stated they were in
agreement with her requests.
April Long, 4112 Marble Front Road, read a letter into the record outlining the conditions agreed upon with the
developer and City Engineering Department.
This is afollow up email as requested by Corey Lockwood ofTrilogy Idaho. 1 spoke to him yesterday 629- 23
and he has agreed tofix and take responsibilityfor thefollowing items:
All irrigation flood and drainage issues resulting from the changes to our property and the close
proximity of the new subdivision boundaries. He has said they will see that all our flood irrigation water
stays within our property boundaries. He said this may include necessary "grading changes, windrows,
berms, trenching, grading, etc. "
OTSYM, PAGE 99
2. Build out the planned privacyfences to be built around our entire property that borders their subdivision
as soon as possible. He said it could be done as soon as the grading is completed.
3. Finish, repairing and leveling our property due to the digging, on the easement access road along the
Horton Lateral Canal.
4. Corey Lockwood stated Robb MacDonald, Caldwell City Engineer gave him the confirmation that we
will have five (5) access cutouts on our property. Including the two existing current large driveways,
one for irrigation easement, and two (2) (12 foot) at our east and west sidefront yards where the gates
are currently installed. This will allow access ofriding lawnmower and any necessary machinery needed
to accessfor care and maintenance ofour home.
5. The front fence seems to have been repaired at this time, and he said is guaranteed to holdup this time.
6. All trees on the east side of our property will be trimmed by a Tree Company to prevent existing limbs
falling into the new subdivision properties, while not causing damage to our trees.
7. All weeds on their property, on immediate border of our property to be sprayed to stop them from
encroaching on our property. This should be done right away, because they are already encroaching.
We are hoping all ofthis will be done in an efficient, timely manner. We want our home tofunction as it did
before the development started. We hope no other consequences of the development will cause us any need
to askfor remedies to fix any unforeseen problems.
Please let me know as soon as you can ifthere are things 1 have written that are not understood or agreed
to. I do plan to attend the meeting July 5, 2023 feel free to contact me if needed or any questions at (208)
697-2113.
Mr. Brown agreed with the items as presented by Ms. Long, noting that the access point was negotiated by the City
Engineer.
MOVED by Doty, SECONDED by Stadick to close the public testimony portion ofthe hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. TE23-000010:
1. Staff Report and Presentation documents
2. Sign-up sheets
3. CC-1000: Letter read into the record by April Long.
COMMENTS:
In response to questions from Councilor Allgood, Robb MacDonald, City Engineer, stated that the Engineering
Department concurred with the conditions read into the record by Ms. Long.
ORDER OF DECISION ON CASE NO. TE23-000010:
MOVED by Allgood, SECONDED by Stadick 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: for a 24
month Time Extension of Covington Square Subdivision Preliminary Plat (TE23-000005) in an R-I (Low Density
Residential) zone approximately 15.89 acres on Parcels R2798301000, located in the 334N-3W NW WOOD'S
ACREAGE TX 19257 IN BLKS 14, is APPROVED subject to the conditions of approval listed herein.
Roll call vote: Those voting yes: Allgood, Doty, Stadick, Register, and McGee. Those voting no: none. Absent
and/or not voting: Williams.
MOTION CARRIED
MOVED by Stadick, SECONDED by Register to close the public hearing.
MOTION CARRIED
ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL]: THIS ITEM WAS CONTINUED FROM JUNE
6, 2023. CASE NUMBER: ANN22-000026 / CPM22-000011 / ZON22-000013 / SUB22-000043 (MIDLAND
MEADOWS): A REQUEST BY MARY WALL ON BEHALF OF PARKLAND DEVELOPMENT LLC., TO
ANNEX PARCEL 3411800000 (APPROXIMATELY 39.21 ACRES) WITH A PROPOSED SPLIT ZONING
DESIGNATION OF R-1 SLOW 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 PLAIT 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
BOOK 64 PAGE 100
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, AT THE APRIL 12, 2023 PUBLIC HEARING, MADE A RECOMMENDATION
FOR APPROVAL OF THE ANNEXATION, COMPREHENSIVE PLAN AMENDMENT, REZONE, AND
PRELIMINARY PLAT TO BE FORWARDED TO CITY COUNCIL FOR CONSIDERATION)
This item was continued to the next Regularly Scheduled City Council Meeting to be held on August 1, 2023.
MOTION CARRIED
NEW BUSINESS
ACTION ITEM: PUBLIC HEARING ]QUASI-JUDICIAL] CASE NUMBER(S): SUB23-000010: A
REQUEST BY HORROCKS ENGINEERS, ON BEHALF OF AT NORTH RANCH A LP, FOR AN
AMENDMENT TO THE FINAL PLAT FOR NORTH RANCH BUSINESS PARK PH. 1 ISUB20-0000181.
THE PROPOSED AMENDMENT IS TO MODIFY APPROXIMATELY THE 30.08-ACRE SITE BY
DIVIDING IT INTO TWO APPROXIMATELY EQUAL SIZED LOTS. THE SUBJECT PROPERTY IS
WITHIN NORTH RANCH BUSINESS PARK PHASE #1, LOCATED AT 4321 MULLER DRIVE, AT THE
NORTHWEST CORNER OF MULLER DRIVE AND SMEED PARKWAY, IN CALDWELL, IDAHO)
The Mayor opened the public hearing and outlined the public hearing process including time limits for presentations
and public testimony.
Alex Jones, Associate Planner at 621 Cleveland Boulevard. Mr. Jones stated that the applicant was requesting a final
plat modification of the North Ranch Business Park Phase I, to better accommodate future commercial use in the
parcel.
Kindi Moosman, (Applicant's Representative), 2775 W. Navigator Dr., Meridian, spoke in favor of the request. She
stated that Kyle Gogner was now the new engineer for the project, since Ron Wright was no longer with the company.
She noted that City staff approved to add a handwritten note indicating the change for the plat, and circumvent the
need to start over with signatures on the final plat document.
Ms. Moosman indicated the applicant was asking for an amendment ofthe final plat for North Ranch Business Park
Phase 1. They would like to take the lot created by the original plat and divide it into two lots. The total acreage was
approximately 30.8 acres and it would split into two equally sized lots. They are currently constructing two buildings
and would like to have the option to sell those individually in the future.
Allen Pritchett, 4012 Bob White, spoke in opposition of the request and stated he wanted the applicant to alter one
plat and give his property a 300' buffer zone. He expressed concerns with losing property value and lack of privacy.
He said his privacy would be affected if two-story buildings were built within the development. He also requested
landscaping be put between the two properties.
Mayor Wagoner asked Mr. Pritchett to clarify his comments about the 300-ft. no -build buffer issue. The Mayor
explained the Idaho Open Meeting Law requiring that property owners within 300-ft. of the subject site be notified
of the public hearing.
Mr. Jones displayed the map showing the 300-ft. area from the subject site to the parcel owned by Mr. Pritchett.
The Mayor explained the setback requirements buffer between the two land uses. He asked Mr. Pritchett if he was
asking that the 300-ft. buffer area used for notifications also be restricted for development use. Mr. Pritchett
concurred.
Mr. Jones stated he had reviewed the plans for the parcel to the south ofthis development, which provided a landscape
buffer. The parcel to the east (directly south of Mr. Pritchett's home) was designated for light industrial use.
The Mayor clarified that the subject property does not abut the property owned by Mr. Pritchard. He added that a
landscape buffer for the other parcel was required.
No rebuttal remarks by the Applicant's representative were provided
MOVED by Allgood, SECONDED by Doty to close the public testimony portion of the hearing.
MOTION CARRIED
BOOK 64 PAGE 101
EVIDENCE LIST FOR CASE NO. SUB23-000010:
1. Staff Report and presentation document
2. Sign-up sheets
3. Applicant presentation document
ORDER OF DECISION ON CASE NO. SUB23-000010:
MOVED by Doty, SECONDED by Register 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 Final Plat Modification in an M-I (Light Industrial) zone approximately 30.08 acres on
Parcel R3527610000, located in the 244N-3W SW NORTH RNCH BUSN PRKI LT I BLK I is APPROVED
SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
Roll call vote: Those voting yes: Doty, Stadick, Pegister, McGee, Allgood. Those voting no: none. Absent and/or
not voting: Williams.
MOTION CARRIED
MOVED by Doty, SECONDED by Register to close the public hearing.
MOTION CARRIED
ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL) CASE NUMBER(S): TE23-000009: JASON
RAMSEY, ON BEHALF OF IOTH AVENUE HEIGHTS LLC, IS REQUESTING A SIX (6) MONTH
PRELIMINARY PLAT RENEWAL AND TIME EXTENSION FOR 10TH AVENUE HEIGHTS
PRELIMINARY PLAT, WHICH WILL INCLUDE AN EXTENSION OF TIME FOR THE ASSOCIATED
SPECIAL USE PERMIT (SUP-20-10). THE ORIGINAL PRELIMINARY PLAT (SUB-20P-10) WAS
APPROVED BY CITY COUNCIL ON MARCH 15, 2021. THE PLAT HAS HAD A ONE I i I YEAR
ADMINISTRATIVE TIME EXTENSION (TE22-000002) THAT WAS APPROVED ON MAY 27, 2022 AND
EXPIRES ON MAY 27, 2023. 10TH AVENUE HEIGHTS IS CLOSE TO COMPLETING ALL OF THE
IMPROVEMENTS FOR THE SUBDIVISION, BUT THE APPLICANT IS REQUESTING A SIX-MONTH
RENEWAL AND TIME EXTENSION TO ALLOW FOR THE FINAL PAVING AND PROCESSING OF
THE FINAL PLAT APPLICATION. THE SUBJECT PROPERTY ADDRESS IS 0 IOTH AVENUE
HEIGHTS, PARCEL R3566400000, AND IS PHYSICALLY LOCATED APPROXIMATELY 150 FEET
SOUTH OF THE INTERSECTION BETWEEN SOUTH IOTH AVE. AND AMBER ST., ON THE WEST
SIDE OF AMBER ST., IN CALDWELL, IDAHO)
The Mayor opened the public hearing
Morgan Bessaw, Deputy Director, 621 Cleveland Blvd., provided the staff report and stated there were no concerns
expressed by the Engineering, Fire or Mapping Department concerning the time extension. Staff recommends
approval of the time extension renewal of the preliminary plat.
Councilor Stadick mentioned he recalled an issue with the initial traffic study being inaccurate due to the ongoing
activity within area. He asked ifa revised traffic study was completed.
Robb MacDonald responded that the traffic study was not revised and that staff is relying on the initial study. If staff
determines that there are significant changes, a new traffic impact study would be considered. He mentioned that
due to the ongoing construction and different traffic patterns currently in place, it would be difficult to conduct a
traffic impact study in various areas of the City. In his opinion, traffic had not changed significantly, which would
require a revised traffic impact study to be conducted.
The Mayor reported that the applicant was not in attendance.
EVIDENCE LIST FOR CASE NO. TE23-000009:
I . Staff Report and Presentation documents
2. Sign-up sheets
COMMENTS:
Councilor Register asked about details for the extension request and the outcome if Council were not to approve the
time extension.
City Attorney stated that State Code provides that cities can compose their own Subdivision Ordinance. The City of
Caldwell Code provides for a time extension procedure. The preliminary plat would expire if the time extension was
not approved. The Code also provides criteria on when the extension should be granted or denied. He mentioned that
a developer has some confidence that if he meets the criteria, the request for extension could be granted; however, if
they do not meet the criteria, the request for an extension could be denied.
Mayor Wagoner read the following from their application "Ramsey Construction is requesting a time extension to
ground into the project. Development work at this location is nearing completion and we anticipate vertical
construction to begin within 45 days'. He noted it did not give any specific reason.
BOOK 64 PAGE 102
ORDER OF DECISION ON CASE NO. TE23-000009:
MOVED by Doty, SECONDED by Stadick based upon the testimony and evidence in record in this matter and upon findingsoffactandconclusionsoflawsetforthhereinDOESHEREBYDETERMINEANDDECIDEASFOLLOWS: the request
for a 6 month Time Extension of 10`h Avenue Heights Subdivision Preliminary Plat an R-3 (High Density Residential) zone
approximately 2.5 acres on Parcel R3566400000 located in the 334N-3W SE TX 22011 IN E 1/2 SESE is APPROVED
SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
Roll call vote: Those voting yes: Doty, Stadick, Register McGee, and Allgood. Those voting no: none. Absent
and/or not voting: Williams. MOTION CARRIED
MOVED by Stadick, SECONDED by Register to close the public hearing. MOTION CARRIED
ACTION ITEM: CONSIDER BILL NO. 32 [ORDINANCE NO. 35161 AMENDING CHAPTER 3,
ARTICLE 3 OF THE CALDWELL CITY CODE (SECTIONS 03-03-01 AND 03-03-03) PERTAINING TO
THE APPOINTMENT OF APPOINTED OFFICIALS AND THEIR TERMS OF OFFICE WITH A
REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR
PUBLICATION)
Mayor Wagoner provided comments noting that the amendment addresses the change in City Code in association
with the recent resignation of the Public Works Director, Brent Orton. The ordinance removes the City Engineer
position and corrects the separation of Finance Director and the City Treasurer. Terms would be from the fiscal year
rather than calendar year.
Douglas Waterman, City Attorney at 1303 North 12th Avenue Road, Nampa, provided the staff report by outlining
the contents of the proposed ordinance.
In response to questions from Councilor Allgood, the Mayor reported that terms for the Appointed Officials are not
addressed within the City Code.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 3, ARTICLE 3,
SECTION 03-03-01, PERTAINING TO THE APPOINTMENT OF APPOINTED OFFICIALS; AMENDING
CHAPTER 3, ARTICLE 3, SECTION 03-03-03, PERTAINING TO THE TERMS OF OFFICE FOR APPOINTED
OFFICIALS; AMENDING CHAPTER 3 OF THE CALDWELL CITY CODE BY REPEALING ARTICLE 21 IN
ITS ENTIRETY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWITH
MOVED by Allgood, SECONDED by Doty to sponsor Bill No. 32 (Ordinance No. 3516), move for its passage by
title only, and approve the summary for publication.
Roll call vote: Those voting yes: Allgood, Doty, Stadick, Register, and McGee. Those voting no:
none. Absent and/or not voting: Williams. MOTION CARRIED
COMBINATION OF ORDINANCES NO. 3517, NO. 3518, and NO. 3519 FOR CONSIDERATION OF
APPROVAL)
MOVED by McGee, SECONDED by Register to combine Ordinance No. 3517, No. 3518, and No. 3519 within
one motion for consideration of approval. MOTION CARRIED
ACTION ITEM: CONSIDER BILL NO. 33 [ORDINANCE NO. 35171 FOR A REQUEST TO ANNEX
MANDALAY RANCH SUBDIVISION PHASE 4 [INST. NO. 2023-0008891 INTO THE CALDWELL
MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE
ONLY), BILL NO.34 [ORDINANCE NO.35181 FOR A REQUEST TO ANNEX MASON CREEK GROVE
SUBDIVISION PHASE I [INST. NO.2023-0048061 INTO THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY), AND CONSIDER BILL
NO.35 [ORDINANCE NO.35191 FOR A REQUEST TO ANNEX ARBOR SUBDIVISION, PHASE 4 [INST.
NO. 2023-0108881 INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST
TO MOVE FOR ITS PASSAGE BY TITLE ONLY)
The Mayor read the ordinance by title only for Ordinance 3517:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE
BOOK 64 PAGE 103
CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF;
DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE
INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING
ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
The Mayor read the ordinance by title only for Ordinance 3518:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF;
DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE
INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING
ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
The Mayor read the ordinance by title only for Ordinance 3519:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF;
DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE
INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING
ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
MOVED by Doty, SECONDED by Allgood to sponsor Bill No. 33 (Ordinance No. 3517), Bill 34
Ordinance No. 3518), and Bill No. 35 (Ordinance No. 3519) and move for their passage by title only.
Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, and Allgood. Those voting no: none. Absent
and/or not voting: Williams.
MOTION CARRIED
ACTION ITEM: CONSIDER RESOLUTION NO. 166-23 AUTHORIZING A PARTIAL VACATION OF
TATE'S WAY AS A CONDITIONAL APPROVAL AND ALLOW THE VACATION TO BE FINALIZED
ONCE ALL ITEMS AS REQUIRED BY THE CITY ENGINEERING DEPARTMENT, IN
CONJUNCTION WITH SAID VACATION, HAVE BEEN APPROVED)
Robb MacDonald, City Engineer at 621 Cleveland Boulevard, provided the staff report by outlining the contents of
the resolution and explanation for the request by the parcel owner due to development purposes.
In response to questions from Councilor Stadick, Mr. MacDonald reported that the relocation of utilities would be
the responsibility ofthe property owner.
In response to questions from Councilor Allgood, Mr. MacDonald reported that an appropriate spacing plan would
be required ofthe property owner to provide for a successful turn -around in conjunction with safety service vehicles.
MOVED by Allgood, SECONDED by Register to approve Resolution No. 166-23 as printed.
Roll call vote: Those voting yes: Allgood, Doty, Stadick, Register, and McGee. Those voting no: none. Absent
and/or not voting: Williams.
MOTION CARRIED
APPROVE RESOLUTION NO. 170-23 DECLARING SURPLUS HYDRAULIC EXTRICATION
EQUIPMENT AT THE CALDWELL FIRE DEPARTMENT TO BE DONATED TO THE SAND HOLLOW
FIRE DEPARTMENT)
Chief Frawley of Caldwell Fire addressed questions concerning the surplus of equipment from the Caldwell Fire
Department to Sand Hollo9w Fire Department. He noted the cooperative efforts of local fire departments, including
the Sand Hollow Fire Department.
Councilor Doty indicated his support,'of `bed" ol}apbu.'of.[he designated equipment to the Sand Hollow Fire
Department.
MOVED by Doty, SECONDED by l esolution to approve Resolution No. 170-23 as printed.
z
Roll call vote: Those voting yes: Doty, Stadick, Registet:;,McGee, and Allgood. Those voting no: none. Absent
and/or not voting: Williams. `•. o ,•
MOTION CARRIED
ff-reTITH .• PAGE 104
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
6,652,143.89 for the period ending June 27, 2023 and a net payroll of $575,079.08 for the pay period ending June
17, 2023.
MOVED by Register, SECONDED by Doty that accounts payable in the amount of $6,652,143.89 represented by
check numbers 170489 through t70869 and payroll in the amount of $575,079.08 represented by check numbers
38720 through 38744 and direct deposits be accepted, payments approved, and vouchers filed in the office of the
City Clerk.
MOTION CARRIED
COUNCIL MEMBER COMMENTS)
Councilor Register encouraged attendance by the public at the upcoming City Council Budget Workshops to be held
starting next week (4:00 pm to 8:00 pm) at the Caldwell Airport Terminal Conference Room.
Councilors Stadick, Doty and Allgood reported on the success of July 40'Celebration.
MAYOR'S COMMENTS)
The Mayor reported on the precise planning and execution of a safety plan put in place by Captain Rosin of the
Caldwell Police Departing addressing traffic and firework concerns on July 41. He also acknowledged Char Jackson,
Caldwell Public Information Officer, for the informative social media posts. He complimented Homeland Fireworks
for the excellent firework display, which took place at Brother's Park.
The Mayor noted that the Engineering Department was moving forward with a request for bids for the Municipal
Swimming Pool Rehabilitation Project, which would be reviewed at the upcoming budget workshops.
The Mayor reported on the outcome of the search for bids regarding the proposed hotel site on Main Street. A revised
Request for Proposals for potential developers at an alternate hotel site in the downtown area would be published and
distributed next week.
ADJOURNMENT
MOVED by Doty, SECONDED by Allgood to adjourn at 7:37 p.m.
MOTION CARRIED
APPROVED AS written TIiIS 18'h DAY OF July2023. Councilor
Stadick T0, —,
Qz oluncilor
Register Z'
oun,
Williams J
40& Councilor
A ood Councilor
McGee ATTEST:
Debbie
Geyer, City Clerk s AN
IS = A
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