HomeMy WebLinkAbout2014-04-07 city council minutesBOOK 55 PAGE 57
SPECIAL MEETING
April 7, 2014
6:00 p.m.
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED
DOWNTOWN SPECIALIST JOB DESCRIPTION AND THE PROPOSED HRA VEBA PLAN FOR
CITY EMPLOYEES)
A. Proposed Downtown Specialist Job Description:
Mayor Nancolas presented information concerning a potential Downtown Specialist. Discussion followed
concerning the funding of this position. Councilman Pollard expressed concern if the position would affect
potential raises for City employees. The Mayor confirmed that employee raises will be reviewed during
the budgeting process.
ElJay Waite, Chair of the Caldwell Urban Renewal Agency, provided information about potential funding
for the position from the Urban Renewal after the first year.
Bob Carpenter answered questions concerning the creation of a study committee that would be working
with the consultant. It was emphasized that the proposed consultant would use the existing downtown
revitalization studies and not developing another plan.
It was noted that a strong merchants association is needed to have a vibrant downtown community.
The Mayor reported that Jarom Wagoner would attend the meetings as a liaison from the Planning and
Zoning Department.
B. Proposed HRA VEBA Plan for City Employees:
Monica Jones, HR Director with the City of Caldwell, 411 Blaine Street, presented information concerning
a proposed HRA VEBA Plan for City employees. She noted that the firefighters were not included within
the HRA VEBA Plan inasmuch as they already have their own p lan. The plan is only applicable to those
employees who retire from the City with the retirement eligibility standards as determined by PERSI.
The financial aspects of the plan were explained by ElJay Waite, Finance Director for the City of Caldwell.
The workshop adjourned at 6:46 p.m. No decisions were made.
REGULAR MEETING
April 7, 2014
7:00 P.M.
The Mayor reported that a workshop was held at 6:00 p.m. concerning the potential downtown specialist job
description and the proposed HRA VEBA Plan for City employees. No decisions were and the workshop was
held for informational purposes only.
The Mayor asked those in attendance to stand for the invocation lead by Pastor Gerald Crownover of the
Caldwell Assembly of God Church and remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna
Hopper, Callsen, Pollard, and Biggers.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Proclamation: 2014 Parkinson’s Awareness Month
The Mayor read the proclamation and presented it to Lisa Bain, Chairman of the Idaho Parkinson’s
Action Network. Ms. Bain thanked the Council for their support.
Caldwell 2014 Parkinson’s Awareness Month
Proclamation
WHEREAS, Parkinson’s disease is a progressive neurological movement disorder of the central
nervous system, which has a unique impact on each patient; and
WHEREAS, according to the Parkinson’s Action Network, the Parkinson’s Disease Foundation , the
National Parkinson Foundation, the American Parkinson Disease Association and the National
Institutes for Health, there are over one million Americans diagnosed with Parkinson’s disease; and
WHEREAS, symptoms include slowness, tremor, difficulty with balance and speaking, rigidity,
cognitive and memory problems; and
WHEREAS, although new medicines and therapies may enhance life for some time for people with
Parkinson’s, more work is needed for a cure; and
WHEREAS, increased education and research are needed to help fund more effective treatments with
fewer side effects and ultimately a cure for Parkinson’s disease; and
BOOK 55 PAGE 58
WHEREAS, a multidisciplinary approach to Parkinson’s disease care includes local Wellness,
Support, and Caregiver Groups, and
WHEREAS, April has been proclaimed as World Wide Parkinson’s Awareness Month for all to
recognize the need for more research and help in dealing with the devastating effects of Parkinson’s
disease.
NOW, THEREFORE, I, Mayor Garrett Nancolas, MAYOR of the City of Caldwell, do hereby proclaim
April 2014 as Parkinson ’s Disease Awareness Month in Caldwell.
B. Proclamation: Fair Housing Awareness Month
The Mayor read the proclamation and presented it to the City Clerk to be made available at City Hall
for reference.
FAIR HOUSING MONTH PROCLAMATION
WHEREAS, April 2014 marks the 46th anniversary of the passage of Title VIII of the Civil Rights Act
of 1968, commonly known as the Federal Fair Housing Act; and
WHEREAS, the Idaho Human Rights Commission Act has prohib ited discrimination in housing since
1969; and
WHEREAS, equal opportunity for all-regardless of race, color, religion, sex, disability, familial status
or national origin-is a fundamental goal of our nation, state and city; and
WHEREAS, equal access to housing is an important component of this goal-as fundamental as the
right to equal education and employment; and
WHEREAS, housing is a critical component of family and community health and stability and
WHEREAS, housing choice impacts our children’s acce ss to education, our ability to seek and retain
employment options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs, and
the quality of health care we receive in emergencies; and
WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all
transactions involving housing; and
WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair housing
principles, practices, rights and responsibilities; and
WHEREAS, only through continued cooperation, commitment and support of all Idahoans can barriers
to fair housing be removed;
NOW, THEREFORE, I, Garret Nancolas, City of Caldwell Mayor, do hereby proclaim April 2014 to
be Fair Housing Month.
C. Caldwell High School American Government Class
The Mayor acknowledged Ms. Janet Jackson, American Government teacher from Caldwell
High School. Students within the audience stood and introduced themselves. Ms. Jackson
reported that she would be retiring at the end of the school year. The Mayor expressed
appreciation to Ms. Jackson for her years of service at Caldwel l High School and her
involvement within the community.
D. Employee of the Month
The Mayor acknowledged Officer Clinger and Sergeant Hoadley for their exceptional duty
concerning the arrest of individuals involved in drug ring activity and are now facing federal
charges.
E. Mayor’s Youth Advisory Council Members Report
Marissa Nestor and Steve Harris of the Mayor’s Youth Advisory Council provided reports
concerning their recent attendance at the National League of Cities Conference in Washington,
D.C. They expressed their appreciation to City Council for the opportunity to attend the
conference. The Mayor expressed his admiration to the students and their professional
representation of the City of Caldwell. He also thanked those who donated funds for the
purpose of allowing the students to attend.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Biggers to amend the agenda as follows: Move Consent Calendar
Item #5 to New Business as Item #2(B); Clarify Item #2 under New Business by adding the description as
“Public Hearing (Quasi-Judicial)”; and add an Executive Session pursuant to Idaho Code, Section 67-
2345, Subsection (c) for the purpose of discussing acquisition of real property not owned by a public
agency and Subsection (f) for the purpose of discussing pending litigation of where there is a general
public awareness of probable litigation.
MOTION CARRIED
BOOK 55 PAGE 59
AUDIENCE PARTICIPATION
A. Glenn Koch, 23306 Freezeout Road, Middleton, addressed the Mayor and Councilman and presented a
copy of a resolution for their consideration. He noted that there are approximately 25 business and
property owners concerned about the condition of the downtown as it relates to the Urban Renewal
Agency and signed copies of the resolution to this effect. (Copies of the signed resolution were
provided to the City Clerk.)
He outlined the three platforms of the concerned downtown business owners as stated in the resolution:
1) Immediate dissolution of Caldwell East Urban Renewal Board and its functions to be taken over
by the Mayor and City Council, ensuring a direct line of accountability in all matters of urban
renewal to the voters of Caldwell.
2) The remaining “Urban Renewal Increment” money, with exception to monies currently required to
pay current obligations and revenue bonding debt obligations, to be redirected to the betterment of
Downtown Caldwell.
3) Facilitation, via select committee, as to how to appropriate any remaining unencumbered funds
flowing to urban renewal. Any recommendations brought forth by this committee shall be subject
to approval by City Council of Caldwell. [The committee would speak for and report back to
those merchants and property owners.]
Mr. Koch noted the growth in Boise is spreading westward and Caldwell is in a good position to
welcome the growth, but changes need to be made. He concluded by stating that this action would
revert the agency’s direction back to its original intent to restore C aldwell. He stressed the importance
of the downtown to gain industrial development and create new jobs. He noted that the downtown
merchants and property owners are anxious to work with the City concerning this matter. He thanked
the Council for their consideration.
B. Mike Bednar, 19903 Essex Avenue, addressed his concerns regarding the lack of irrigation service
from the Caldwell Municipal Irrigation Company to his property for three months last summer in the
Delaware Park Subdivision. He requested that a refund be issued for services not received during this
period. The Mayor stated that Public Works Director Brent Orton would be in contact with him
concerning this matter.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on March
17, 2014; the Youth Master Plan Committee Meeting held on February 25, 2014; the Senior Center
Board Meeting held on March 10, 2014; and the Caldwell Historic Preservation Commission
Meeting held on January 27, 2014;
2. Approve Order of Decision for Case No. SUB-106(F)-04 (Sky Ranch Business Center Phase 1
REPLAT);
3. Approve Resolution No. 52-14 authorizing the Mayor to execute the Employer Health & Wellness
Services Agreement with West Valley Medical Center;
4. Approve Resolution No. 53-14 authorizing the Mayor and City Council to establish and adopt a
Post-retirement Health Reimbursement Arrangement (HRA) Plan and authorize the execution of the
HRA VEBA Employer Adoption Agreement, the HRA VEBA Employer Policy, and the Benefit
Schedule with VEBA Service Group, a division of G allagher Benefit Services, Inc., and to set an
effective date of March 1, 2014;
5. Approve Resolution No. 54-14 authorizing the execution of a Joint Powers Agreement with Canyon
Highway District No. 4 regarding the Old Hwy. 30/Plymouth Street Bridge Replacement Project;
[Moved to New Business as Item #2(B)]
6. Approve Resolution No. 55-14 accepting an Easement for public utilities from the amended and
restated Aldon and Jaquelyn Harshman Trust U/T/A dated September 23, 2001, Michael E. Huter,
Trustee regarding the A-Drain Re-location Project;
7. Approve Resolution No. 56-14 authorizing the acceptance of a Warranty Deed from Rambo
Crushing Company for real property located on the west side of Pond Lane approximately 1000 feet
south of US Hwy 20-26;
8. Approve Resolution No. 57-14 accepting the Award of Bid for construction of a six foot meandering
concrete sidewalk at Values Park from Chadez Concrete in the amount of $38,000;
9. Approve Resolution No. 58-14 authorizing the declaration of surplus property from the Parks
Department to be sent to auction and/or scrapped;
10. Approve Resolution No. 59-14 authorizing the declaration of surplus property from City Hall to be
donated at a local thrift store;
11. Approve appointment of Kelli Warwick, Gene Gunderson, and Dr. Brett Bauscher to the Dog Park
Committee for a term to expire December 31, 2016;
12. Approve request from the City Clerk for a transfer of the beer and wine license from Baird Oil
Company to Jackson’s Food Stores, Inc. (Store # 147) located at 122 E. Simplot Boulevard.
MOVED by Pollard, SECONDED by Blacker to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: None.
MOTION CARRIED
BOOK 55 PAGE 60
OLD BUSINESS:
(CONTINUED - PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB/PUD-02(P)-13
AND ZON-93-13 A REQUEST BY LA BELLA VIDA, FOR THE FOLLOWING:
COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO
RESIDENTIAL ESTATES; REZONE OF APPROXIMATELY 260 ACRES FROM R-1 LOW
DENSITY RESIDENTIAL TO RS-1 RESIDENTIAL ESTATES; AND PRELIMINARY PLAT
APPROVAL OF LA BELLA VIDA SUBDIVISION CONSISTING OF 59 RESIDENTIAL LOTS
AND SIX COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST
CORNER OF MIDLAND ROAD AND LINCOLN ROAD WITH THE BOISE RIVER BEING ITS
NORTHERLY BOUNDARY)
The Mayor declared the continued public hearing open. He noted that that the testimony portion of the
hearing had been closed at the last public hearing held on February 18, 2014.
Jarom Wagoner addressed the issue concerning gravel extraction as requested by Council at their meeting
held on March 17, 2014. Mr. Wagoner read into the record staff’s recommendation:
“My remarks this evening will be in review of the questions you left staff with following the closing of
public testimony at the last hearing. In particular; the appropriate type of pathway along the northern
edge of the property, abutting the Boise River; and the ti ming of the extraction of the gravel for the 3
proposed lakes.
First, in regards to the required pathway along the Boise River. In follow-up discussions with the Fish &
Game, as well as discussion among staff the recommendation is to not require a paved pathway with this
development application. This is due to the added disturbance it would add to the existing wildlife in the
area. The applicant has proposed to construct a natural pathway, similar to what is found in the Two
Rivers development in Eagle. Staff would recommend that the applicant be required to install a natural
pathway, of rocks and other suitable materials.
Second, in regards to the timing of the extraction of the gravel for the 3 proposed lakes. Since the last City
Council meeting staff has researched this issue extensively. Staff looked at many possible options and
potential solutions to the City Council’s concerns regarding the extraction of the gravel and what would
happen should the gravel be extracted and the project abandoned.
The first issue regarding the gravel extraction is how to protect the city and the community surrounding the
site if the gravel were to be extracted and the project abandoned. The first option staff researched was
requiring the applicant to provide a remediation-type bond that would provide for the gravel extraction
sites to be re-filled with gravel and other suitable materials and returned to their natural state. In talking
with other jurisdictions and additional research it became very apparent that thi s is not a practical or
viable option and should not be required of the developer.
This research led to the proposed solution of requiring the developer to provide assurances of a
reclamation-type letter of credit that would provide for reclamation of any of the excavated sites if the
developer were to abandon the project before completion. This reclamation would provide for native
grasses, trees, and other vegetation to be installed surrounding the newly -created lakes. One of the
concerns regarding this proposal was the issue of maintaining these lakes so as to not become a nuisance.
Staff visited other man-made lakes in the immediate area that were created by the extraction of gravel, thus
a very similar situation to what would happen on the project site if the project were to be abandoned. Staff
did not note any nuisance type issues whatsoever with these lakes, but rather that these lakes were filled
with water fowl and other wildlife, in a natural setting.
Therefore, city staff recommends that the applicant be required to provide a letter of credit for the
reclamation of the proposed lakes, should the project not be completed. The applicant has provided to
Staff preliminary estimates for the reclamation of the site. Staff will validate this estimat e when creating
the letter of credit. Staff would work with the developer at the onset of the development to project what
extraction will occur for the following one year time period and determine the appropriate dollar amount
for the reclamation of those ponds. Staff will then re-evaluate on an annual basis the work that has taken
place and what will take place during that following year. The required letter of credit would then be
readjusted for any work completed and any work to take place during that coming year.
Lastly, the main issue that seems to be of concern is the timing of the extraction of the gravel for the
proposed lakes and eliminating the possibility that this project becomes a gravel pit, rather than the lake -
estate subdivision that is being proposed. The City Council expressed serious concern regarding the
extraction of gravel from more than one lake-site during the same time period. Staff researched different
options to alleviate this concern, from requiring the applicant to only extract gravel from one lake site at a
time, to allowing the extraction of gravel at a second lake-site once a certain percentage of the prior lake
was extracted. However, after all of these reviews staff was left with the same assertion. By requiring the
applicant to extract the gravel one lake at a time with the intention to prohibit the project from becoming a
gravel pit, this would nearly double the life of the project and in essence become what the City is actually
trying to avoid, a gravel pit. This would also inhibit the project’s success, as it would prove difficult for the
developer to sell lots from the first phase, given that there would be continuous gravel extracted from the
surrounding lake sites for the next 7-10 years. By allowing the developer to extract the gravel as quickly as
possible, this will in turn increase the viability of the project, as well as decrease the likelihood of the
BOOK 55 PAGE 61
project becoming a de facto gravel operation. In reviewing other jurisdictions requirements for this type o f
work, they are of the similar mindset in which they would prefer to see the gravel extracted as quickly as
possible, rather than delay the project.
For these reasons, staff encourages City Council, that if they do approve this project, to allow the
extraction of the gravel for the lake sites to occur simultaneously. This will allow the developer to
complete the project within the required phase times as stated in the staff report, which would equate to a
total of 5 years. Staff believes this will increase the likelihood of the project and be the least intrusive
option for the surrounding area. While it will increase the noise and production for those 5 years, it will
also reduce in half the overall time of that extraction. That concludes staffs remarks and I would stand for
any questions.”
In response to questions from Mayor Nancolas, Mark Hilty suggested that the recommendation from staff
be included in the Order of Decision and the Development Agreement.
Councilman Biggers asked if all three lakes would be worked on simultaneously.
Mr. Wagoner replied that Council is able to limit the developer to working on two lakes at a time. The
developer has expressed the intent to begin one lake, and then approximately one year later begin the
second lake. The first lake would hopefully be completed before moving on to the third.
Councilman Hopper expressed his concern with staff’s development plan in leaving the door open for this
to become a mere gravel operation. He asked if staff was confident that a l etter of credit could be provided
which would be enforceable for reclamation purposes.
Mr. Wagoner stated that this issue had been discussed with the City Engineer. The estimated numbers from
the developer would be verified by City staff. The site would be heavily monitored. The landscape would
be kept as natural as possible for the surrounding setting. The letter of credit would be a l iving document
which would allow it to be re-evaluated from year to year.
Councilman Hopper expressed concern that there are no other cost models within the area to review since
no other gravel pits have been reclaimed for rehabilitation.
Jarom Wagoner outlined the process that would be followed to reclaim the pits. He noted that any time a
gravel pit is moved forward in the county, a reclamation plan must be submitted. It generally includes
sloping of the ground and the installation of certain landscaping.
EVIDENCE LIST FOR CASE NO. SUB/PUD-02(P)-13 and ZON-93-13:
The Mayor presented the Evidence List: staff report, sign-up sheets, comprehensive plan/comprehensive
map and the following exhibits:
CC-1000 Aerial map of the site presented by Jarom Waggoner
CC-1001 Letter from Rivers United
CC-1002 Email from Troy Cooper
CC-1003 Email from Brent Webb
CC-1004 Email from McRoy Bryson
CC-1005 Annual Report – Franklin Ditch Company
CC-1006 Tyler Hess letter
CC-1007 Email from Steve Fultz
CC-1008 Letter from Jaime Hoover
CC-1009 Power Point by Chris Todd
CC-1010 Packet of information from Sally Goodell of Boise River Floo d Control District #10
CC-1011 Letter from Sawtooth Law Offices, PLLC
CC-1012 PowerPoint presentation by Ed Squires
CC-1013 November 12, 2013 - Document presented by Leslie van Beek
CC-1014 February 3, 2014 – Document presented by Leslie van Beek
CC-1015 Photos presented by Leslie van Beek
CC-1016 Letter presented by John McEvoy on behalf Canyon Highway District #4
CC-1017 Letter presented by Pam Peterson
CC-1018 Letter from Jerilyn Lancaster presented by Pam Peterson
CC-1019A Well Drillers’ Report presented by Roger Rosdahl
CC-1019B Letter from Roger Galvin
CC-1020 Article from Capital Press “Water is the issue in the West” presented by Roger Galvin
CC-1021 Documents presented by Joann Kafka
CC-1022 Photos presented by Liz Paul of Idaho Rivers United
CC-1023 Video and maps from Liz Paul of Idaho Rivers United
CC-1024 PowerPoint presented by John Carpenter
CC-1025 Letter from Attorney Albert P. Baker representing the Mason Creek Ditch Company
CC-1026 E-mail from Leslie Jansen Van Beek representing the Franklin Ditch Company
CC-1027 Trail Bridge Design document presented by John Carpenter
MOVED by Callsen, SECONDED by Biggers to accept the Evidence List as presented.
MOTION CARRIED
BOOK 55 PAGE 62
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-93-13:
MOVED by Callsen, SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ZON-93-13:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the
public testimony that was given in this matter, and the evidence list that was presented.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ZON -93-13:
MOVED by Ozuna, SECONDED by Pollard that the decision to approve or deny; and the public hearing
was noticed and heard within the guidelines of applicable state codes and local ordinances.
, OTION CARRIED
ORDER OF DECISION ON CASE NO. ZON-93-13:
MOVED by Callsen, SECONDED by Biggers based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. ZON-93-13 a request by Kyle Cooper and La Bella
Vida, LLC for a Comprehensive Plan Map Amendment from low density residential to residential estates
and a rezone of approximately 260 acres from R -1 Low Density Residential to RS-1 Residential Estates, all
on subject property consisting of approximately 260 acres located at the northeast corner of Midland
Boulevard and Lincoln Road, be approved with the conditions as outlined within the staff report.
Roll call vote. Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: Pollard,
Absent and/or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB/PUD-02(P)-13:
MOVED by Callsen, SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number X.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB/PUD-02(P)-13:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff report, the
public testimony that was given in this matter, the evidence list that was approved, and note that there was
considerable testimony in favor of and in opposition to the project. The testimony in opposition often
brought forward information as to what could happen, but not necessarily in opposition to the plan itself if
it was executed to its intent as presented to Council.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB/PUD-02(P)-13:
MOVED by Ozuna, SECONDED by Biggers that the Caldwell City Council has the authority to hear this
case and to make the decision to approve or deny; and the public hearing was noticed and heard within the
guidelines of applicable state codes and local ordinances.
Roll call vote. Those voting yes: Ozuna, Hopper, Callsen, Pollard, Biggers and Blacker. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB/PUD-02(P)-13
MOVED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council
hereby orders that Case No. SUB/PUD-02(P)-13 a request by Kyle Cooper and La Bella Vida LLC for
preliminary plat and PUD approval of La Bella Vida Subdivision consisting of 59 single -family residential
lots and 6 common lots, all on subject proper ty consisting of approximately 260 acres and located at the
northeast corner of Lincoln Road and Midland Boulevard, be approved with the conditions as outlined
within the staff report along with the condition of approval concerning reclamation and a letter of credit as
presented by Jarom Wagoner this evening.
MOTION DIED DUE TO THE LACK OF A SECOND
MOVED by Pollard, SECONDED by Biggers based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. SUB/PUD-02(P)-13 a request by Kyle Cooper and La
Bella Vida LLC for preliminary plat and PUD approval of La Bella Vida Subdivision consisting of 59
single-family residential lots and 6 common lots, all on subject property consisting of approximately 260
acres and located at the northeast corner of Lincoln Road and Midland Boulevard, be denied.
Councilman Callsen spoke in favor of the application.
Councilman Blacker expressed concerning regarding the development plan.
Councilman Biggers expressed concern regarding the development plan.
BOOK 55 PAGE 63
Councilman Hopper expressed concern regarding the development plan but stated that he was leaning to
approve the development with the understanding that close supervision must be conducted by staff and thus
hold the developer accountable to making it happen. It would be a great development and an asset to the
City of Caldwell.
Roll call vote. Those voting yes: P ollard and Biggers. Those voting no: Blacker, Ozuna, Hopper, and
Callsen. Absent and/or not voting: none.
MOTION FAILED
MOVED by Callsen, SECONDED by Hopper based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. SUB/PUD-02(P)-13 a request by Kyle Cooper and La
Bella Vida LLC for preliminary plat and PUD approval of La Bella Vida Subdivision consisting of 59
single-family residential lots and 6 common lots, all on subject property consisting of approximately 260
acres and located at the northeast corner of Lincoln Road and Midland Boulevard, be approved with the
conditions as outlined within the staff report along with the reclamation and a letter of credit as presented
by Jarom Wagoner this evening.
Roll call vote. Those voting yes: Callsen, Blacker, Ozuna, and Hopper. Those voting no: Pollard and
Biggers. Absent and/or not voting: none.
MOTION CARRIED
The Mayor clarified that the written Order of Decision and the Development Agreement will be brought
forward by the City Attorney at the next Regularly Scheduled City Council Meeting to be held on April 21,
2014 and the appeal period/process will be announced at that time. He emphasized that City Council
members are still obligated to comply with the rules of exparte communication in case it is appealed. No
communication may be held with Council Members or the Mayor until after the appeal period has expired.
MOVED by Hopper, SECONDED by Ozuna to close the public hearing.
MOTION CARRIED
The Mayor called a short recess called at 8:17 p.m. The meeting reconvened at 8:26 p.m.
NEW BUSINESS
(PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER SUB-01(P)-14 A REQUEST BY EAST
CHICAGO LLC AND LANCE WARNICK FOR PRELIMINARY PLAT APPROVAL OF EAST
CHICAGO BUSINESS PARK SUBDIVISION, CONSISTING OF 3.12 ACRES TO BE
SUBDIVIDED INTO 6 LOTS IN AN M-1 LIGHT INDUSTRIAL ZONE. THE SUBJECT
PROPERTY IS LOCATED ON THE SOUTH SIDE OF CHICAGO STREET APPROXIMATELY
750 FEET EAST OF 21ST AVENUE IN CALDWELL, IDAHO)
The Mayor reviewed the quasi-judicial process and asked the City Clerk to swear in those who would be
providing public testimony.
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report. He
presented an aerial map of the site which the Mayor labeled as CC -1000. He noted that the site is near
Commercial Tire. The site is currently zoned M-1 (Light Industrial) and is surrounded to the north, south,
east and west by light industrial zones and usage. Staff has reviewed the application and recommends its
approval.
Lance Warnick of Aspen Engineers, 485 W. Main Street, K una, acknowledged being sworn in and spoke in
favor of the application. He noted that the developer is desirous of constructing an industrial business park
at the site. The proposal is to create six lots on three acres so they can be subdivided and sold. There are
currently three driveways to the site. One of the driveways would be closed and the other two would be
relocated to create a looped driveway. Sewer and water would be provided to each of the buildings. A
pressurized irrigation line would be installed even though the property curre ntly does not have irrigation
rights. At some point in the future as irrigation services are extended to the site, it will be part of the
municipal system. He recommended its approval.
Penelope Riley, applicant representative, P.O. Box 405, Boise, acknowledged being sworn in and spoke in
favor of the application. She noted that she is the land -use planner for the applicant and recommended its
approval.
In response to questions from Councilman Callsen, Mr. Warnick clarified that a connection to the domestic
system with a separate water meter will be included at this time to provide water for landscaping. As
pressurized irrigation becomes available to the site, the meter will be disconnected and the irrigation line
will become active.
MOVED by Callsen, SECONDED by Blacker to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB-01(P)-14:
BOOK 55 PAGE 64
The Mayor presented the Evidence List: staff report, staff report, sign-up sheets, preliminary plat, and CC-
1000 (an aerial map of the site presented by Jarom Wagoner).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-01-(P)-14:
MOVED by Hopper, SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB-01(P)-14:
MOVED by Hopper, SECONDED by to accept the general facts as outlined in the staff report, the public
testimony that was given in this matter, the evidence list that was presented, and note that there was no
opposition to the applicant’s request and this is the type of project that Council supports within this area.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB-01(P)-14:
MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this
case and to make the decision to approve or deny; and the public hearing was noticed and heard within the
guidelines of applicable state codes and local ordinances.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB -01(P))-14:
MOVED by Hopper, SECONDED by Biggers based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. SUB-01(P)-14 a request by East Chicago LLC and
Lance Warnick for preliminary plat approval of East Chicago Business Park Subdivision, consisting of 3.12
acres to be subdivided into 6 lots in an M -1 Light Industrial zone located on the south side of Chicago
Street approximately 750 feet east of 21st Avenue in Caldwell, Idaho be approved with the conditions as
specified and outlined within the staff report.
Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ZON-01-14 A REQUEST BY IDA
PROPERTIES, LLC AND ASHLEY MANOR FOR A COMPREHENSIVE PLAN MAP CHANGE
FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; A REZONE OF
0.22 ACRES, MORE OR LESS, FROM R-1 LOW DENSITY RESIDENTIAL TO R-2 MEDIUM
DENSITY RESIDENTIAL TO OPERATE AN ASSISTED LIVING FACILITY FOR UP TO 13
BEDS. THE SUBJECT PROPERTY IS LOCATED AT 3123 ARLINGTON AVENUE IN
CALDWELL, IDAHO)
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report. He
presented an aerial map of the site which the Mayor labeled as CC-1001. He noted that the rezone would
allow for up to thirteen (13) beds within the facility. Assisted living facilities for eight or fewer residents
are allowed without a special use permit by the municipality in accordance with Idaho State Code. He
reported that the Hearing Examiner recommended its approval.
Mr. Wagoner read into the record a letter from Grace Yamamoto in opposition to the request, which the
Mayor labeled as CC-1002.
Mr. Wagoner noted that at one time a cul-de-sac was planned along Spruce Street. Staff has requested that
the applicant work with the City Engineering Department staff to correct this discrepancy. The right -of-
way should run parallel to Spruce Street, rather than curving and encroaching on the subject property.
Also, staff has requested that the applicant reconstruct the corner ramp at the intersection of Arlington
Avenue and Spruce Street to be ADA compliant.
In response to questions from Councilman Hopper, Mr. Wagoner stated that the right -of-way issue may be
addressed after approval and a separate application is not required.
Mayor Nancolas addressed questions to the City Attorney about potential spot zoning that could be
challenged with this request. Discussion followed.
Mark Hilty asked that the hearing be continued to further review this matter as it relates to spot zoning
concerns.
Councilman Hopper reported that other properties located in the reasonable vicinity are not R-1.
Stacy Gunderson, Representative of Ashley Manor, 6051 N. Echo Summit Lane, Star, acknowledged being
sworn in and spoke in favor of the application. She reported that the Health and Welfare Department has
approved the facility for twelve beds, but approval needed to be sought to increase the capability for over
eight beds in accordance with state provisions. No construction will take place on the outside of the
BOOK 55 PAGE 65
building. There are eight private bedrooms within the residence. In compliance with Medicaid
requirements, each room over 125 sq. ft. may be used as a double occupancy.
Councilman Biggers reported that he recently attended a ribbon cutting ceremony at the site and the interior
of the facility is well maintained.
In response to questions from Councilman Hopper, Ms. Gunderson reported that the facility is
approximately 3,000 sq. foot. All rooms, except for one, have a half bath and three rooms have a shower.
MOVED by Hopper, SECONDED by Biggers to continue the Public Hearing to the next Regularly
Scheduled City Council Meeting to be held on April 21, 2014 at 7:00 p.m.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 54-14 AUTHORIZING THE EXECUTION OF A JOINT
POWERS AGREEMENT WITH CANYON HIGHWAY DISTRICT NO. 4 REGARDING THE
OLD HWY. 30/PLYMOUTH STREET BRIDGE REPLACEMENT PROJECT)
Brent Orton, 621 Cleveland Blvd, presented the staff report outlining the draft agreement with Canyon
County Highway District No. 4. He noted that both the City Attorney and the Canyon County Highway
District have reviewed the documents. The City Attorney provided four additional recommendations to be
included within the agreement. Canyon County Highway District concurred with the agreement including
the City Attorney recommendations.
Councilman Hopper asked if the project was imminent.
Mr. Orton stated that funding has been secured for the project through COMPASS and the Local Highway
Assistance Council. The old bridge will remain for pedestrian use only. The new bridge will be relocated
downstream. Ample parking will be allowed with the development.
MOVED by Hopper, SECONDED by Blacker that pending the completion of the final document -
authorize the Mayor to execute the agreement.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount
of $1,218,878.69 for the period ending March 21, 2014 and net payroll in the amount of $267,386.56 for the
pay period ending March 8, 2014.
MOVED by Callsen, SECONDED by Pollard that accounts payable in the amount of $1,218,878.69 represented
by check numbers 100576 through 100953 and the total payroll in the amount of $267,386.56 represented by
check numbers 26880 through 26903 and payroll direct deposits be accepted, payment approved, and vouchers
filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Council Member Ozuna reported on the excellent talent that was represented at the recent Local Legends event.
She noted that the attendance was low in comparison to previous years.
Council Member Blacker provided a report from CEDC of projects that they worked on within the last year.
Garianne Goslin will be leaving CEDC this month for employment at the City of Parma.
Council Member Biggers reported on Airport Commission items. A potential air show is being planned for
2016. He noted that he stopped by and spoke with Mrs. Owens, owner of Connie’s Ceramics, and viewed a
minimal amount of progress in clearing the building for demolition. He complimented those involved in the
Local Legends event.
(MAYOR’S COMMENTS)
Mayor reported that he recently attended a Tuesday Morning Prayer Meeting as directed by the Caldwell
Ministerial Association. He asked that prayers be offered for the medical concerns of Ken Harward of the
Association of Idaho Cities.
Report was given concerning action by the Idaho Legislative Session. The Mayor expressed his appreciation to
Jonathon Parker, Senator Pearce, Mark Hilty, and Ken Harward for their support in opposition to the eminent
domain issue (HB #571).
Discussion was held concerning the Movies in the Park event whic h has been ongoing for the past few years.
The outside funding source for this event is no longer available and now the event will include costs for the
rental of a projector as well as for the movies. The approximate rental cost of $2,400 could be taken from the
Mayor’s Public Relations Account for this summer which would cover the cost of the projector rental. It was
recommended that we continue this event and look for additional sponsors , if possible, to help defray the costs.
It was also recommended that this item be discussed at upcoming budget sessions for future years.
BOOK 55 PAGE 66
Updates on Recent Community Events:
The Mayor reported that Ruth Story recently held a five year anniversary celebration of Story &
Company, a business located in downtown Caldwell.
The recent Chamber of Commerce “After Hours” event held at Key Bank was well attended.
The recent Caldwell High School Music Concert directed by Ginny Rosandick was excellent.
A groundbreaking ceremony was recently held at Best Western Plus. Twelve new rooms will be added
to the facility and a future conference center.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (C) FOR
THE PURPOSE OF DISCUSSING ACQUISITION OF REAL PROPERTY NOT OWNED BY A
PUBLIC AGENCY AND SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING
LITIGATION OF WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE
LITIGATION)
MOVED by Pollard, SECONDED by Hopper to convene into Executive Session pursuant to Idaho Code,
Section 67-2345, Subsection (c) for the purpose of discussing acquisition of real property not owned by a public
agency and Subsection (f) for the purpose of discussion pending litigation or where there is a general public
awareness of probable litigation at 9:05p.m.
Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Blacker, SECONDED by Callsen to reconvene into Regular Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Pollard, SECONDED by Ozuna to adjourn at 9:36 p.m.
MOTION CARRIED
APPROVED AS written THIS 21st DAY OF April , 2014.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk