HomeMy WebLinkAbout2023-04-18 City Council Minutes Regular BOOK 64 PAGE 47
CALDWELL CITY COUNCIL
REGULAR MEETING
April 18, 2023
6:00 p.m.
Mayor Wagoner opened the meeting at 6:00 p.m. and welcomed those in attendance.
Pastor Beth Stockett of the Cross Roads Community 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. Absent: none.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
a. Report from Idaho State Department of Agriculture regarding the Japanese Beetle:
Andrea Thompson of the Idaho State Department of Agriculture provided a report about the threat of the Japanese
Beetle within Canyon County. She reported that Japanese beetles are extremely destructive and are an invasive
species that feed on some of Idaho’s top commodities including hops, grapes, apples, stone fruits (peaches,
cherries, plums) vegetable crops and nursery stock. The beetle is a threat to agriculture within Canyon County.
An eradication program is being sponsored by the Idaho State Department of Agriculture, which protects Idaho’s
agriculture, lands and private property.
She noted that the beetles were detected in Caldwell south of the cemetery and a residential bordered by Lincoln
Road (N), Franklin Road (S), I-84 (W) and Smeed Pkwy (E). She encouraged citizens to contact their office for
more information regarding the pesticide treatment planned for Caldwell in 2023.
The Mayor thanked Ms. Thompson and recommended that the City Clerk provide the information presented
tonight to the City’s Public Information Office to inform the community of this matter.
b. Local Highway Technical Assistance Council: Recognition of Street Department Employees – Paul Alsup,
Robert Nelson, David Renteria, Stan Bland, and Kresta Smout.
Lisa Popoff of the Local Highway Technical Assistance Council (LHTAC) acknowledged City of Caldwell
Street Department employees who recently completed LHTAC certification programs: Road Scholar
Certification Program (Robert Nelson, Dave Renteria, Stan Bland, and Kresta Smout). The Road Master
certification (Paul Alsup). Mr. Alsup and Ms. Smout were present to receive the awards.
AUDIENCE PARTICIPATION
None.
AMENDMENTS TO THE AGENDA
MOVED by Doty, SECONDED by Stadick to move Consent Calendar Item #4 to New Business as Item #10-A for
further discussion and add an Executive Session pursuant to Idaho Code, Section 74-206, Subsection (1)(c) for the
purpose of discussing the acquisition of or an interest in real property not owned by a public agency.
MOTION CARRIED
CONSENT CALENDAR:
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 April 4, 2023 and Caldwell Housing
Authority meetings held on January 27, 2023, February 24, 2023, and cancelled meeting in March 2023; the
Caldwell Historic Preservation Commission regular meeting held on February 22, 2023; and a Caldwell Historic
Preservation Commission Workshop held on February 28, 2023
3. Approve Resolution No. 98-23 declaring a City-owned vehicle located at the Caldwell Airport as surplus
property for disposition to public auction;
4. Approve Resolution No. 99-23 authorizing the purchase of new influent fine screens in the amount of
$229,000.00 to be used at the Wastewater Treatment Plant; [Moved to New Business for further discussion]
5. Approve Resolution No. 100-23 accepting a Permanent Easement from Brown Family Farms for the extension
of the Farmway Water and Conduit Project;
6. Approve request from Canyon County Juvenile Probation to waive the park permit application fee and special
event permit fee in the total amount of $195.00 for the National Truancy Awareness community event to be held
at Griffith Park on August 12, 2023;
7. Approve Resolution No. 301-22(A) superseding Resolution No. 301-22 to execute a Utility Easement with Idaho
Power for the utility relocation on Montana Avenue associated with pedestrian improvements as part of an active
federal funded project;
8. Approve Resolution No. 101-23 authorizing an existing Deferral Agreement between ForeTeeFirstStreet I LLC
and the City of Caldwell be dissolved pursuant to the completion of improvements located at 509 South 41st
Avenue;
BOOK 64 PAGE 48
9. Approve Resolution No. 102-23 ratifying the execution of a change order under the contract 222, East Ustick
Sewer Trunk Line Extension in the amount of $1,585,579.50 with Central Cove Construction, LLC;
10. Approve Resolution No. 103-23 accepting a Permanent Easement from Lloyd Family, LLC to provide sanitary
sewer service to 4012 Brian Avenue;
11. Approve Resolution No. 104-23 accepting a Permanent Easement from North Ranch A LP to provide sanitary
sewer and domestic water main lines to 4321 Muller Drive;
12. Approve Resolution No. 105-23 accepting a Permanent Easement from Watson Land Holding, LLC to provide
sanitary sewer and domestic water main lines to a portion of the Arbor Ridge Subdivision;
13. Approve Resolution No. 106-23 accepting a Permanent Easement from Hemlock Developers, LLC to provide a
pressure irrigation main line to service area parcels;
14. Approve Resolution No. 107-23 accepting a Permanent Easement from Ustick Storage to provide a pressure
irrigation main to 17848 Middleton Road;
15. Approve Resolution No. 108-23 accepting a Permanent Easement No. 1 from Ustick Storage, LLC and Hemlock
Developers, LLC to provide a domestic water line to services area parcels;
16. Approve Resolution No. 109-23 accepting a Permanent Easement No. 2 from Ustick Storage, LLC to provide a
domestic water line to 17848 Middleton Road;
17. Approve Resolution No. 110-23 accepting a Permanent Easement No. 3 from Ustick Storage, LLC to provide a
domestic water line to 17848 Middleton Road;
18. Approve Resolution No, 111-23 authorizing the execution of a Professional Services Contract with Resource
Consultants, Inc., in the amount of $15,000.00 for the management of ARPA funds for the City of Caldwell;
19. Approve Resolution No. 112-23 authorizing and approving participation in cooperative purchasing programs
established by any association that offers it goods or services as a result of the competitive solicitation processes
pursuant to Idaho Code Section 67-2807 and authorizing the City Clerk, City Treasurer, and City Finance
Director to take action consistent with the resolution;
20. Approve Resolution No. 113-23 awarding the bid for the Wastewater Treatment Plant Shop Expansion Project
to the apparent low bidder, Ewing Company, in the base bid amount of $2,496,000.00 and authorize staff to
execute the construction contract and provide notice of award.
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
(CONTINUED ACTION ITEM: CONSIDER RESOLUTION NO. 114-23 AUTHORIZING
PURCHASE OF A 2024 T480 KENWORTH PLOW TRUCK THROUGH THE SOURCEWELL
COOPERATIVE PURCHASING ALLIANCE IN THE AMOUNT OF $343,046.00, PURSUANT TO
IDAHO CODE 67-2807, FOR USE BY THE CALDWELL STREET DEPARTMENT)
August Medellin, Street Superintendent, provided the staff report, noting the poor condition of the existing
truck with multiple repairs being provided over the past several years.
In response to questions from Councilor Williams, Mr. Medellin reported that the current snowplow truck is
not sufficient to handle tasks at the Caldwell Airport concerning the removal of snow.
In response to questions from Councilor Doty, Mr. Orton reported that the new truck would be funded through
the Street Department. The resolution addresses the funding source for payment upon arrival of the truck.
MOVED by Doty, SECONDED by Allgood to approve Resolution No. 114-23 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
NEW BUSINESS
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CPM22-000012 / ZON22-000005 / AMD-22-07
(LEGACY FALLS): A REQUEST BY BVA DEVELOPMENT, ON BEHALF OF BV LEGACY FALLS
LLC., FOR A COMPREHENSIVE PLAN MAP AMENDMENT TO CHANGE THE FUTURE LAND USE
DESIGNATION FROM CS (COMMERCIAL AND SERVICE) TO HDR (HIGH DENSITY RESIDENTIAL)
ON THE SOUTHERN HALF OF PARCEL R32822011A0, TO INCLUDE APPROVAL OF RESOLUTION
# 442-22, ASSOCIATED WITH CMP22-000012. CONCURRENTLY, THE APPLICANT IS REQUESTING
A REZONE OF THE SOUTHERN HALF OF PARCEL R32822011A0 FROM C-1 (NEIGHBORHOOD
COMMERCIAL) TO R-3 (HIGH DENSITY RESIDENTIAL), TO INCLUDE APPROVAL TO
TERMINATE THE ORIGINAL DEVELOPMENT AGREEMENT (DA-07-020) ASSOCIATED WITH THE
BOOK 64 PAGE 49
SUBJECT PARCEL, AND TO INCLUDE APPROVAL OF A NEW DEVELOPMENT AGREEMENT
ASSOCIATED WITH AMD-22-07 AND ZON22-000005. THE PROPOSED DEVELOPMENT, LEGACY
FALLS, WILL INCLUDE APPROXIMATELY 13.88 ACRES OF COMMERCIAL PROPERTY FOR
OFFICE AND FLEX SPACE, AND APPROXIMATELY 5.20 ACRES FOR RESIDENTIAL 3-STORY
CONDOMINIUMS. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST INTERSECTION
OF S FLORIDA AVE AND KARCHER ROAD IN CALDWELL, IDAHO)
The Mayor explained the quasi-judicial public hearing process and declared the public hearing open.
Alex Jones, Associate Planner at 621 Cleveland Boulevard, provided the staff report by use of a PowerPoint
presentation. He provided an email from Rick Read in opposition to the request. He noted that the email was received
after finalization of the staff report. The Mayor labeled the exhibit as CC-1001.
Mr. Jones noted that the request addresses both commercial and residential and includes a Development Agreement.
The Comprehensive Plan amendments change the commercial to high density residential. A rezone request addresses
a change from C-1 (Neighborhood Commercial) to HDR (High Density Residential). The original Development
Agreement for the site would be terminated and replaced with an updated document to reflect the changes. No
conditions were changed within the Development Agreement as reviewed by the legal team and staff.
In response to questions from Councilor McGee, Mr. Orton confirmed that the subject intersection along Hwy. 55 at
Florida would include future turn lanes and widening mechanisms, along with signalization.
Tonn Peterson, Chief Development Officer at BVA Development, 1144 South Silverton Way – Suite #500, Meridian,
spoke in favor of the request. He noted that the Comprehensive Plan Amendment and the rezone is associated with
the five-acre parcel. It was recommended for approval by the Planning & Zoning Commission by March 22, 2023.
BVA agrees with the contents of the staff report and Development Agreement without any changes, noting that the
request is in compliance with the City Code and the 2040 Comprehensive Plan. He requested approval of the request.
In response to Councilor Stadick, he noted that the conceptual plan is for ninety units. The parking requirements
would be met and a traffic study will be conducted. He explained plans for the traffic improvements underway by
Idaho Transportation Department at the site. It is estimated that the commercial development described as Phase I
would be completed by 2026 followed by Phase II, which would be residential units.
Councilor Stadick stated his concern regarding the additional traffic to the area.
Mr. Peterson noted that the traffic study would assist with the finalized traffic plans for the development.
In response to questions from Councilor Stadick, Mr. Peterson noted that the development would meet or exceed the
quality of multi-family units currently at Cedar Crossing.
Dale Guest of 15606 Bridgeton Avenue spoke in opposition of the request. He noted that there are existing fences
and homes abutting the development and emphasized that the development could cause issues with the lack of privacy
for those homes. He also expressed concern regarding traffic congestion accessing Karcher Road, parking issues,
and overcrowding of local schools.
Mr. Jones clarified that the site plan filed with the Planning & Zoning Department indicates 45 units for the
development.
In rebuttal, Mr. Peterson noted his error in calculating the number of the planned multi-family units at the site and
thanked staff for the correction. He noted that the traffic study would assistant in eliminating traffic congestion.
Councilor Stadick recommended that the developer consider duplexes in areas abutting single-family residences to
protect the privacy of the existing single-family homes.
Mr. Peterson agreed to the recommendation for the duplexes and relocating parking spaces to allow for this change.
MOVED by McGee, SECONDED by Doty to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. CPM22-000012/ZON22-000005/AMD-22-07:
Staff Report and presentation documents
1. Sign-up sheets
2. PowerPoint presentations by staff and the applicant.
3. CC-1001: Email from Rick Read (Roseman Way in Cedar Crossing Phase 4) in opposition to the request
(Presented by Associate Planner Alex Jones)
COMMENTS FROM COUNCIL:
BOOK 64 PAGE 50
In response to questions from Councilor Stadick and Councilor Allgood, the Mayor noted that the plat would be
viewed by Council at a future public hearing.
ORDER OF DECISION ON CASE NO. CPM22-000012/ZON22-000005/AMD-22-07:
MOVED by Doty, SECONDED by Williams 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 Development Agreement Modification/Termination; a Comprehensive Plan Map Amendment from
Commercial and Service to High Density Residential, to include approval of Resolution No. 442-22 ; and an
application for a Rezone from C-1 (Neighborhood Commercial) to R-3 (High Density Residential) for a portion of
the subject property to include approval of a Development Agreement for Parcel RR32822011A0 is approved
subject to the conditions of approval as outline in the staff report.
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
MOVED by Doty, SECONDED by Stadick to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 41 (ORDINANCE NO. 3435) FOR CASE NO: ZON22-000005
WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY
FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY
OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE
REZONED TO THE R-3 (HIGH DENSITY RESIDENTIAL) ZONE; DETERMINING THAT SAID CHANGE IN
ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO;
DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID
PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 41 (Ordinance No. 3435) and 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: PUBLIC HEARING (QUASI-JUDICIAL): REQUEST SUMMARY: CASE NO: ANN22-
000022 /CPM22-000010 (COPPER POINTE): A REQUEST BY GLANCEY ROCKWELL & ASSOCIATES
ON BEHALF OF THE PROPERTY OWNER ROCKBURY 88 LLC., FOR AN ANNEXATION OF
APPROXIMATELY 8.53 ACRES AND ANY ADJACENT RIGHT-OF-WAY, WITH A PROPOSED R-3
(HIGH DENSITY RESIDENTIAL) ZONING DESIGNATION, TO INCLUDE THE APPROVAL OF A
DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN22-000022. CONCURRENTLY, THE
APPLICANT IS REQUESTING A COMPREHENSIVE PLAN MAP AMENDMENT FROM MEDIUM
DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL TO INCLUDE APPROVAL OF
RESOLUTION NO. 422-22 ASSOCIATED WITH CPM22-000010. THE SUBJECT PROPERTIES ARE
LOCATED AT 4125 AND 4211 SOUTH FLORIDA AVENUE (PARCELS R27474 AND R27475),
CALDWELL, IDAHO)
The Mayor declared the public hearing open.
Katie Wright, Associate Planner at 621 Cleveland Boulevard, provided the staff report by outlining the contents of a
PowerPoint presentation. All public agencies were provided with a request for comments. Vallivue School District
as the only political agency, which expressed concern noting the issue of overcrowding. No public comments were
received at the time that the staff report was completed. The request complies with the Caldwell City Code, is
consistent with the goals and objectives/policies of the 2040 Comprehensive Plan, and is in harmony with the
surrounding land uses. Staff recommends that if City Council approves the request, the applicant be subject to the
Conditions of Approval as specified in the staff report.
The Planning & Zoning Commission approved the Special Use Permit; however, if would be subject to the approval
of the annexation and Comprehensive Plan amendment. She noted that the building to the southwest, immediately
adjacent to the single-family residential property, must not exceed two (2) stories, which has been met with the
submission of a revised plan by the applicant. No revised elevation plans have been submitted in reference to
Condition of Approval Items #21 & #22.
In response to questions from Councilor Williams, Mr. Orton addressed plans for widening Ustick Road.
BOOK 64 PAGE 51
Councilor Stadick stated his concern with the increase of multi-family housing units and recommended future
consideration by staff of an ordinance to limit the influx of such developments.
Councilor Register expressed her concern with the excessive amount of multi-family housing developments already
approved along Ustick Road.
Councilor Williams inquired regarding the Wastewater Treatment Plant capacity in association with the increase of
multi-family development and commercial/industrial growth. Mr. Orton outlined the current WWTP capacity limits
and the water supply.
In response to questions from Councilor Allgood, Mr. Orton reviewed the City’s policy for traffic mitigation to
accommodate the development, including the roundabout construction.
Michael and Jennifer Nigh of 4254 W. Lovegood Lane, Meridian, signed in favor of the request but did not provide
public testimony,
Nate Heintzman, Applicant, Glancey Rockwell & Associates - 2532 North 27th Street, Boise, spoke in favor of the
request. He provided a PowerPoint presentation outlining details of the development. He noted that the high density
multi-family residential development is needed in review of the current growth rate of Caldwell. Funding for traffic
mitigation requirements has been approved by the applicant. The plan has been revised to provide two 2-story units
as requested by the Planning & Zoning Commission. Other units will be three-stories in height. There will be a
total of 215 units being planned for the site. A landscaping buffer will be included between the site and the existing
single-family parcels. A traffic study was conducted and the parking standards have been exceeded with 1.73 spaces
per unit being accommodated. Additional design elements were added per recommendations by the Planning &
Zoning Commission. Construction will be completed within a two-year period.
The Mayor reported that as of April 1, 2023, the actual population for the City of Caldwell is 69,910.
In response to questions from Mayor Wagoner, Mr. Heintzman reported that covered parking would be provided for
the development pursuant to the City Code.
Ms. Wright outlined the parking requirements per the Caldwell City Code.
Councilor Doty expressed his concern with the current parking standards outlined within City Code.
In response to questions from Councilor Stadick, Mr. Heintzman reported that no agreement has been established
with the Vallivue School District in relation to the development.
MOVED by Stadick, SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN22-000022 /CPM22-000010:
Staff Report and presentation documents
1. Sign-up sheets
2. PowerPoint presentations by staff and the applicant.
COMMENTS FROM COUNCIL:
Councilor Allgood expressed his concern with the high-density development and changes to the Comprehensive
Plan Map in association to traffic concerns and overcrowding of the subject area.
Robin Collins, Planning & Zoning Director, reported that staff would be addressing updates to the Comprehensive
Plan and the Comprehensive Plan Map in the near future.
Councilor Williams provided comments regarding the outstanding design elements of the development; however,
he expressed concern with the request by the applicant for an amendment to the Comprehensive Plan applicable to
the Ustick and Florida area.
Councilor Register concurred with previous comments regarding the high-density development.
Ms. Wright reported that there were two other recently approved applications on Indiana and Ustick: Greenmont &
Hoshaw developments.
ORDER OF DECISION ON CASE NO. ANN22-000022 /CPM22-000010:
MOVED by Allgood, SECONDED by Doty for denial of the request based on the excessive concentration for the
subject area, thus it not being the right time or right place for the development.
Roll call vote. Those voting yes: Allgood, Williams, Register, Doty, Stadick, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
BOOK 64 PAGE 52
MOVED by Williams, SECONDED by Allgood to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 72 (ORDINANCE NO. 3466) FOR CASE NO: ZON22-000005
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 ANN22-000022]
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NO: CPM21-000002/ANN21-000014/
ZON21-000005/ SUB21-000041 (ARROWROCK FARM): GEM STATE PLANNING, ON BEHALF OF
TRILOGY DEVELOPMENT AND ENDURANCE HOLDINGS LLC., IS REQUESTING ANNEXATION
(ANN21-000014) OF PARCELS R3270901100 (APPROXIMATELY 17.77 ACRES), R32709011B0
(APPROXIMATELY 17.40 ACRES), AND THE RIGHT-OF-WAY ALONG THE KARCHER ROAD
FRONTAGE (APPROXIMATELY 2.78 ACRES), FOR A TOTAL OF APPROXIMATELY 37.95 ACRES,
TO INCLUDE APPROVAL OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN21-000014.
THE APPLICANT IS PROPOSING AN HC (HIGHWAY CORRIDOR) ZONING DESIGNATION FOR
APPROXIMATELY 27 ACRES, WHICH IS CONSISTENT WITH THE COMPREHENSIVE PLAN
FUTURE LAND USE DESIGNATION OF HIGHWAY CORRIDOR. THE PROPOSED ZONING
DESIGNATION FOR THE REMAINING 10.99 ACRES IS R-2 (MEDIUM DENSITY RESIDENTIAL),
WHERE THE COMPREHENSIVE PLAN DESIGNATION IS HIGHWAY
CORRIDOR. CONCURRENTLY, THE APPLICANT IS REQUESTING A COMPREHENSIVE PLAN
MAP AMENDMENT (CPM21 000002) FOR 10.99 ACRES TO MODIFY THE DESIGNATION FROM
HIGHWAY CORRIDOR TO MEDIUM DENSITY RESIDENTIAL, TO INCLUDE APPROVAL OF
RESOLUTION NO. 344-22 ASSOCIATED WITH CPM21-000002. ALSO REQUESTED IS AN APPROVAL
OF A PRELIMINARY PLAT (SUB21-000041) FOR ARROWROCK FARM SUBDIVISION, A MIXED-USE
SUBDIVISION CONSISTING OF 40 SINGLE-FAMILY HOMES, 60 TOWNHOME UNITS, 52 FOUR-
FLEX UNITS, TWO (2) COMMERCIAL LOTS, AND 15 OPEN SPACE COMMON LOTS. AT THE TIME
OF APPLICATION SUBMISSION, MULTI-FAMILY WAS A PERMITTED USE WITHIN THE H-C
(HIGHWAY CORRIDOR) ZONE AND SINGLE FAMILY WITHIN THE H-C (HIGHWAY CORRIDOR)
ZONE REQUIRED A SPECIAL USE PERMIT. THE SUBJECT PROPERTIES ARE LOCATED ON THE
NORTHWEST CORNER OF KARCHER RD AND S. INDIANA AVE)
The Mayor declared the public hearing open.
Katie Wright, Associate Planner at 621 Cleveland Boulevard, provided the staff report by outlining the contents of
a PowerPoint presentation. She noted that the request was recommended for approval by the Planning & Zoning
Commission. A total of 152 residential units are being proposed with a mixture of single-family homes, townhomes,
and four-plexes. Access is being proposed off Indiana Avenue with connections to the subdivision located north of
the site. The site is surrounded by residential uses and appropriate zoning designations. She provided a late exhibit
- a revised memorandum from the Engineering Department regarding traffic mitigation issues. The Mayor labeled
the exhibit as CC-1001.
Ms. Wright noted that the Vallivue School District mentioned overcrowding in their comments about the
development. There were also two public comments made in opposition to the request: 1) Steve Brooks stated
concerns regarding transportation issues and crash fatalities; and 2) Darlene Peterson stated concerns about density
and infrastructure.
Ms. Wright concluded that staff finds the proposal compatible with the site and the development may provide goods
and services for residents located within the surrounding area. The proposal aligns with the goals and policies of
the Comprehensive Plan. Staff recommends approval of the request subject to the Conditions of Approval as
outlined in the staff report.
In response to questions from Councilor Williams, Planning & Zoning Director Robin Collins defined the Highway
Corridor zoning classification as outlined within the Caldwell City Code.
Bonnie Layton, of NV5 at 690 South Industry Way, Suite 10, Meridian, spoke in favor of the request and provided
a PowerPoint presentation outlining the details of the development. She emphasized that the application was
submitted several months ago, working with Planning & Zoning staff members who are no longer with the
department. Under their guidance, a determination was made concerning the type of application, special use permit
request, Comprehensive Plan Amendment, etc., rather than moving forward with a Planned Unit Development
request. There are two parcels designated for commercial use within the development. The proposed commercial
uses would be service oriented such as professional offices. There are 2.63 parking spaces per unit, which exceeds
the parking requirements – 80 regular parking spaces and additional handicap parking spaces.
Ms. Layton reported that a traffic plan was submitted to Idaho Transportation Department (ITD) providing
modifications to accommodate the widening of Hwy. 55. The traffic plan presented this evening includes such
modifications. The primary access is off Indiana with frontage improvements as designated by the City’s design
standards and the traffic impact study. Once improvements are completed by ITD, the traffic signals will change
BOOK 64 PAGE 53
to assist with congestion along Indiana Avenue. The proposed ITD project completion date is 2024, which coincides
with the proposed certificate of occupancy date of 2025.
Conversations have been held with Vallivue School District. The property owner has agreed to a signed agreement
with the Vallivue School District to contribute 12.6 acres for a future school site. This is a significant donation and
will assist with the future growth of the school district by not having to purchase land. She recommended approval
of the request.
In response to questions from Councilor McGee, Ms. Layton confirmed that the developer has consulted with
leadership at Vallivue School District regarding the land donation. The executed agreement is for property located
on Knot Lane and Hwy. 20/26.
Councilor Williams inquired regarding access points for the development on Indiana. Mr. Orton outlined the City’s
policy regarding right-in/right-out intersections.
Ms. Wright clarified that the Engineering Department comments explain that the intersection would be a right-
in/right-out traffic design.
Councilor Doty expressed his appreciation for the developer working with the Vallivue School District.
Councilor Allgood referenced another development that recently donated property within a subdivision to the school
district for future facility expansion. He expressed his support of the commercial development along the highway
frontage of the development.
MOVED by McGee, SECONDED by Williams to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. CPM21-000002/ANN21-000014/ ZON21-000005/ SUB21-000041:
Staff Report and presentation documents
1. Sign-up sheets
2. PowerPoint presentations from staff and the applicant.
3. CC-1001 (A memorandum from the Engineering Department with revised remarks concerning the
development. Presented by Associate Planner Katie Wright.)
ORDER OF DECISION ON CASE NO. CPM21-000002/ANN21-000014/ ZON21-000005/ SUB21-000041:
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 an Annexation, Comprehensive Plan Amendment, and a Preliminary Plat, to include approval of the development
agreement and resolution, on approximately 35.20 acres (Parcel R3270901100 and R32709011B0) located in the 10-
3N-3W SE TX 061004 IN S 1/2 SE LS TX 21418 & LS RD LYING S & SE and 10-3N-3W SE TX 21418 IN S 1/2
SE is approved subject to the conditions of approval as listed in the staff report.
Roll call vote. Those voting yes: Allgood, Williams, Register, Doty, Stadick, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Stadick, SECONDED by Allgood to close the public hearing.
MOTION CARRIED
CONSIDER BILL NO. 61 (ORDINANCE NO. 3380) FOR CASE NO: ANN21-000014 AND ZON21-000005
WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY
FOR PUBLICATION.
The Mayor read the ordinance 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 H-C (Highway Corridor) and R-2
(Medium 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 Allgood, SECONDED by Stadick to sponsor Bill No. 61 (Ordinance No. 3480) and move for its passage
by title only and approve the summary for publication.
BOOK 64 PAGE 54
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
(CONSIDER BILL NO. 61 (ORDINANCE NO. 3498) AMENDING CHAPTER 4 (SECTION 04-09-09)
GRANTING THE RIGHT OF INTERMENT CEMETERY SPACE AT CANYON HILL CEMETERY AND
EXTENDING THE PERIOD FROM SAID RIGHT (THAT WOULD AUTOMATICALLY EXPIRE) FROM
30 YEAR TO 50 YEARS WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND
APPROVE THE SUMMARY FOR PUBLICATION)
City Clerk Debbie Geyer at 411 Blaine Street provided the staff report and explained the reasoning for the request.
This change would be of assistance to Cemetery administrative staff inasmuch as they receive several requests to
extend the time allowance concerning the right of interment for the 30-year period. She recommended extending
the period to 50 years.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 4, ARTICLE 9,
SECTIONS 04-09-09, OF THE CALDWELL CITY CODE, PERTAINING TO THE FORM OF CERTIFICATE
TO BE ISSUED GRANTING THE RIGHT TO INTERMENT IN A PARTICULAR CEMETERY LOT AND
EXTENDING THE PERIOD OF TIME BEFORE WHICH SAID RIGHT WILL AUTOMATICALLY EXPIRE
FROM THIRTY YEARS TO FIFTY YEARS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS
THEREOF, IN CONFLICT HEREWITH
MOVED by Williams, SECONDED by Stadick to sponsor Bill No. 61 (Ordinance No. 3498) and move for its
passage by title only and approve the summary for publication.
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
(CONSIDER BILL NO. 18 (ORDINANCE NO. 3502) AMENDING CHAPTER 8 (SECTION 08-07-07)
PERTAINING TO THE RELABELING OF ALCOHOLIC BEVERAGES CONSUMED AT INDIAN
CREEK PLAZA WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE
THE SUMMARY FOR PUBLICATION)
City Clerk Debbie Geyer at 411 Blaine Street provided the staff report. She noted that Destination Caldwell event
staff had requested the Code amendment to help reduce the use of opaque cups as required by City Code. Such a
change would also help Destination Caldwell staff to identify alcoholic beverage being consumed on site that were
not provided at the Indian Creek Plaza beverage counter.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8, ARTICLE 7,
SECTION 08-07-07, CALDWELL CITY CODE, PERTAINING TO THE RELABELING OF ALCOHOLIC
BEVERAGES CONSUMED AT INDIAN CREEK PLAZA; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF, IN CONFLICT HEREWITH.
MOVED by Doty, SECONDED by McGee to sponsor Bill No. 18 (Ordinance No. 3502) and 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
(CONSIDER RESOLUTION NO. 115-23 AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH KERI FOSTER FOR SERVICES PERTAINING TO COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS)
Raelynn North, Finance Director at 411 Blaine Street provided by staff report. She reported that Ms. Foster recently
left employment with the City of Caldwell to relocate out of state. The vacant CDBG Coordinator position has been
posted by the HR Department. Ms. Foster serving as an independent contractor would assist the City in the
continuance of CDBG funds being administered at this time.
MOVED by Doty, SECONDED by Allgood to approve Resolution No. 115-23 as printed.
Roll call vote. Those voting yes: Doty, Stadick, McGee, Allgood, Williams, and Register. Those voting no: none.
Absent and/or not voting: none.
BOOK 64 PAGE 55
MOTION CARRIED
(CONSIDER RESOLUTION NO. 116-23 AUTHORIZING THE APPROVAL OF A NEW JOB
DESCRIPTION FOR A PURCHASING COORDINATOR WITHIN THE FINANCE DEPARTMENT
USING ARPA FUNDS)
Raelynn North, Finance Director at 411 Blaine Street provided by staff report. She noted that currently each
department is responsible for their own purchasing. This position would be responsible for serving as the purchasing
coordinator for all departments, thus centralizing the process and potentially bringing cost savings to the City.
Councilors Williams and Doty stated their support for the request.
MOVED by Williams, SECONDED by Stadick to approve Resolution No. 115-23 as printed.
Roll call vote. Those voting yes: Williams, Register, Doty, Stadick, McGee, and Williams. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(APPROVE RESOLUTION NO. 99-23 AUTHORIZING THE PURCHASE OF NEW INFLUENT FINE
SCREENS IN THE AMOUNT OF $229,000.00 TO BE USED AT THE WASTEWATER TREATMENT
PLANT) [MOVED FROM THE CONSENT CALENDAR]
Tony Harmon, Wastewater Superintendent, at 208 Johnson Lane provided the staff report. He noted that his staff
have rebuilt the twenty-year-old existing screens numerous times but they are now needing to be replaced. The
WWTP is currently in the process of a facility update in association with the excessive growth within the community.
The projected peak hourly flow is estimated at 19 million gallons.
An outside contractor is currently reviewing the Master Facility Plan for purpose of possibly re-engineering the
channels to increase the capacity. This would require a flow/capacity study to be conducted. The request is to replace
both screens; however, staff has determined it would be best to purchase them on an as need basis; thereby, keeping
the funding available, based on the outcome of the study.
In response to questions from Councilor Allgood, Mr. Harmon reported that the supplier has indicated that the screens
would be shipped within four to six months after the order is placed.
Brent Orton, Public Works Director, at 621 Cleveland Boulevard noted that the resolution addresses the purchase of
two screens. The WWTP expansion could require the purchase of a wider screen in the future. Recognition was
given to Mr. Harmon for his outstanding management of the WWTP and the positive reputation he has created with
the Idaho DEQ.
MOVED by Allgood, SECONDED by Doty to approved Resolution No. 99-23 as printed.
Roll call vote. Those voting yes: Allgood, Williams, Register, Doty, Stadick, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
ACTION ITEM: FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL)
Councilor Williams that the Finance Committee has reviewed current accounts payable in the amount of
$2,145,991.97 for the period ending April 11, 2023, and a net payroll of $575,478.20 for the pay period ending March
25, 2023.
MOVED by Williams, SECONDED by Stadick that accounts payable in the amount of $2,145,991.97 represented
by check numbers 168903 through 169181 and payroll in the amount of $575,478.20 represented by check numbers
38481 and through 38505 and direct deposits be accepted, payments approved, and vouchers filed in the office of the
City Clerk.
MOTION CARRIED
(COUNCIL MEMBER COMMENTS)
Councilors Register and Doty expressed their sentiments to the Nyssa Police Department concerning the recent death
of Police Officer Johnson.
Councilor Stadick reported on the completion of repairs to the parking lot at the Caldwell Veterans Memorial Hall.
Councilor Williams explained that Item No. #9 under the Consent Calendar was approved thereby providing funds
for the installation of a water line associated with construction of the East Ustick Sewer Line Project. This
expenditure is cost effective by not having to return to the site in the future to install a needed water line.
Councilor Williams referenced a recent incident, which was posted on the Fire Department’s Facebook page,
showing a citizen’s car parked directly in front of a fire hydrant. The vehicle obstructed access to the hydrant during
BOOK 64 PAGE 56
a fire that took place within the immediate area. He recommended that the City Attorney provide an amendment to
City Code addressing a provision to cite an individual for such a violation at an appropriate amount.
Councilor Allgood expressed appreciation to Canyon County Assessor Brian Sender for conducting a community
workshop to present information regarding Urban Renewal Agencies and the recent closure of the East Caldwell
Urban Renewal Allocation Area. Councilor Allgood reported that Mr. Sender did an outstanding job presenting the
information, which was extremely informative. He noted that the Caldwell Urban Renewal Agency has provided an
immense amount of funding to benefit the Caldwell community.
(MAYOR’S COMMENTS)
The Mayor noted that flowers were sent to the Nyssa Police Department and Officer Johnson’s family in behalf of
the City of Caldwell.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (1)(C) FOR
THE PURPOSE OF DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL PROPERTY
NOT OWNED BY A PUBLIC AGENCY.
MOVED by McGee, SECONDED by Doty to convene into Executive Session pursuant to Idaho Code, Section 74-
206, Subsection (1)(c) for the purpose of discussing the acquisition of or an interest in real property not owned by a
public agency at 8:57 p.m.
Roll call vote. Those voting yes: Allgood, Williams, Register, Doty, Stadick, and McGee. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Doty, SECONDED by Stadick to reconvene into Regular Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Allgood, SECONDED by Doty to adjourn at 9:16 p.m.
MOTION CARRIED
APPROVED AS written THIS 2nd DAY OF May , 2023.
Mayor
Councilor Doty Councilor Williams
Councilor Stadick Councilor Allgood
Councilor Register Councilor McGee
ATTEST:
Debbie Geyer, City Clerk