HomeMy WebLinkAbout2016-04-04 City Council Minutes Regular Meeting BOOK 57 PAGE 64
SPECIAL MEETING
Workshop
April 4,2016
6:30 P.M.
CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING A PROPOSAL FROM
AARON AND JESSIE HORSEWOOD CONCERNING DEVELOPMENT OF A NEW
RESTAURANT LOCATED AT 212 SOUTH KIMBALL AVENUE.
Information was presented by Aaron and Jessie Horsewood concerning their desire to seek funding through
the Urban Renewal Agency and/or a partnership with the City of Caldwell for the construction of a patio
along Indian Creek at Kimball Avenue.
The workshop adjourned at 7:00 p.m.
REGULAR MEETING
April 4,2016
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. He reported that a
workshop was held at 6:30 p.m.to discuss a proposal from Aaron and Jessie Horsewood concerning the
development of a patio along Indian Creek at Kimball Avenue. He noted that no decisions were made or
action taken within the workshop.
Pastor Brent Church from the Caldwell Salvation Army Church provided the invocation. The Mayor 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:Callsen,Pollard,
Stadick,Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Proclamation Read by Mayor Nancolas:
The Mayor read a proclamation concerning Sexual Assault Abuse Month. Kim Deugan information
concerning Advocates Against Family Violence and statistics regarding sexual abuse against children.She
introduced staff members who were in attendance.
Whereas, sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread
and impacts every person in this community;and
Whereas,rape,sexual assault,and sexual harassment harm our community and statistics show one in five
women and one in 71 men will be raped at some point in their lives
Whereas,child sexual abuse prevention must be a priority to confront the reality that one in six boys and
one in four girls will experience a sexual assault before age 18;and
Whereas, young people experience heightened rates of sexual violence and youth ages 12-17 were 2.5
times as likely to be victims of rape or sexual assault;and
Whereas, on campus, one in five women and one in 16 men are sexually assaulted during their time in
college;and
Whereas,we must work together to educate our communities on sexual violence prevention and speak out
against harmful attitudes and actions;and
Whereas, prevention is possible when we confront this crisis and get involved by taking the steps to
increasing education,awareness and community involvement.
Now,Therefore,I,Garret L.Nancolas,Mayor of the City of Caldwell by hereby proclaim April 2016 as
Sexual Assault Awareness Month
In the City of Caldwell and encourage citizens to join advocates and communities across the country in
taking action to prevent sexual violence.Each day is an opportunity to create a safer environment for all.
Mayor's Youth Advisory Council Trip to the National League of Cities Conference:
Delphia Lloyd, Chair of the Mayor's Youth Advisory Council,reported on her recent attendance at the
National League of Cities in Washington,D.C.Mayor Nancolas reported on the significance of Ms.Lloyd
being appointed to the National Youth and Education Committee by unanimous vote of the national
selection committee.
Caldwell High School Government Class.
Mayor Nancolas acknowledged Ms. Adams, American Government teacher from Caldwell High School.
Ms.Adams asked the students to stand and introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
BOOK 57 PAGE 65
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on March 21, 2016;
the Caldwell Senior Center Meeting held on March 14, 2016; the Indian Creek Plaza Committee
Meeting held on March 8,2016;and the Caldwell Housing Authority Meetings held on January 27,
2016,January 25, 2016,January 22,2016,November 25,2015,November 20, 2015, October 16,
2015, September 25,2015,August 28, 2015, July 25, 2015,and June 26, 2015; and the Caldwell
Pathways and Bike Routes Committee meeting held on January 19,2016.
2. Approve the Order of Decision for Case No.ANN-16-03(East Caldwell Annexation);
3. Approve Resolution No.63-16 authorizing the execution of the Display Agreement with Homeland
Fireworks,Inc.regarding the City of Caldwell July 4th Celebration;
4. Approve Resolution No.65-16 declaring surplus property for a Caldwell Police Department vehicle
for the purpose of disposing of the item through a public auction;
5. Approve Resolution No.64-16 accepting a Quitclaim Deed from Idaho Transportation Department
concerning a thirty-foot strip of property at the intersection of Owyhee Lane and Florida Avenue for
the purpose of future right-of-way development;
6. Approve Resolution No.66-16 authorizing the purchase of a new GPS Rover and Controller for the
Engineering Department from Bonneville Blue in the amount of$18,235;
7. Approve Resolution No. 67-16 accepting a Deed of Dedication from the Idaho Conference of
Seventh Day Adventists,Inc.concerning a thirty-foot strip across their property on Montana Avenue
for the purpose of future right-of-way development;
8. Approve Resolution No. 68-16 accepting a Deed of Dedication from the Idaho Conference of
Seventh Day Adventists,Inc.,concerning a fifty-foot strip across their property on 10th Avenue for
the purpose of future right-of-way development;
9. Approve Resolution No. 69-16 authorizing the Award of Bid from Big Bite,Inc.,in the amount of
$21,312.27 for the Parks Department Wash Station and Parking Lot Project;
10. Approve Resolution No. 70-16 authorizing the execution of the Memorandum of Agreement
associated with the title transfer between Pioneer Irrigation District and the Bureau of Reclamation.
MOVED by Stadick,SECONDED by Hopper to approve the Consent Calendar as corrected.
Roll call vote:Those voting yes: Stadick,Ozuna,Hopper,Callsen,and Pollard. Those voting no:none.
Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS
(CONSIDER READING #2: BILL NO. 20 [ORDINANCE NO. 3046] TO EXPAND THE
GEOGRAPHIC AREA COVERED BY CHAPTER 8, ARTICLE 1, SECTION 08-01-29 TO
PROHIBIT SMOKING AT THE ENTIRE AREA COMMONLY REFERRED TO AS THE
CALDWELL EVENTS CENTER)
The Mayor read the ordinance by title only—Reading#2:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL EXPANDING THE
GEOGRAPHIC AREA COVERED BY CHAPTER 8, ARTICLE 1, SECTION 08-01-29, SO AS TO
PROHIBIT SMOKING AT THE ENTIRE AREA COMMONLY REFERRED TO AS THE
CALDWELL EVENTS CENTER; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY;AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS
THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Pollard to consider Bill No. 20 (Ordinance No. 3046) on its
second reading by title only.
Roll call vote:Those voting yes:Hopper,Callsen,Pollard,Stadick,and Ozuna. Those voting no:none.
Absent and/or not voting:none.
MOTION CARRIED
It was noted that the third and final reading of the ordinance will take place at the next City Council
Meeting to be held on Monday,April 18,2016.
NEW BUSINESS
(PUBLIC HEARING [QUASI-JUDICIAL] CASE NO. ZON-15-07 & ANN-15-06: A REQUEST
BY BETTY ADAMS TO REZONE 2.37 ACRES,MORE OR LESS,FROM R-1(LOW DENSITY
RESIDENTIAL) TO M-1 [LIGHT INDUSTRIAL] FOR THE PROPERTY LOCATED AT 4114
NELSON LANE IN CALDWELL, IDAHO [PARCEL R32441] AND TO ANNEX 2.53 ACRES,
MORE OR LESS,WITH AN M-1 [LIGHT INDUSTRIAL]ZONING DESIGNATION FOR THE
PROPERTIES LOCATED AT 0 NELSON LANE,CALDWELL,IDAHO[PARCELS R32441-011
&R32441-012])
BOOK 57 PAGE 66
The Mayor explained the quasi-judicial hearing process and declared the public hearing open.He asked the
clerk to swear in those who would be providing public testimony.
Brent Orton,621 Cleveland Blvd.,acknowledged being sworn in and provided the staff report. He noted
that the original intent of the request was to construct additional residences at the site;however,the parcel
is located in the Airport Overlay Zone 91 where residential housing is prohibited. The surrounding parcels
are zoned for industrial use including a mobile home park within the vicinity. The Hearing Examiner
recommended approval of the request.
In response to questions from Mayor Nancolas,Mr.Orton stated that access to the site is off of East Ustick
Road not owned by the property owner. To assure that the applicant would have access to the property in
the future;a prescriptive right-of-way has existed on the property prior to 1996.
Discussion was held concerning the existing residence being a non-conforming use with the approval of a
rezone.
Aaron Seable,City Attorney at 1303 12th Avenue Road,Nampa,clarified that the current airport overlay
zone already deems the residence as non-conforming. The owner of the home is the applicant and she is
aware of the non-conforming status.
Brent Orton noted that the homeowner is open to pursuing a lot line adjustment as necessary to address the
issue of the residence being located across a property boundary. The two parcels may be combined into
one parcel through creation of a single deed.
As requested by Councilman Stadick,Mr.Orton provided an overview of the two(2)airport overlay zones
which were established by ordinance in 2004.
Natalie Wilhite,P.O.Box 663,acknowledged being sworn in and testified in favor of the request on behalf
of the applicant,Betty Adams. She noted that the applicant desires that the parcels be combined as well as
the approval of a special use permit allowing renters in the mobile home.
Aaron Seable reported that a lot line adjustment or special use permit would need to be addressed under
separate action from the current request. He noted that the applicant may contact Planning&Zoning staff
concerning those matters.
Councilman Hopper commented on the non-conforming status for resale and insurance coverage for
rebuild.
MOVED by Callsen,SECONDED by Ozuna to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-15-07/ANN-15-06:
The Mayor presented the Evidence List:staff report,sign-up sheets,and CC-1000(an aerial map of the site
presented by Brent Orton).
MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-15-07/ANN-15-06:
MOVED by Hopper,SECONDED by Callsen 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-15-07/ANN-15-06:
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 presented,and note that there was
no opposition to the applicant's request.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ZON-15-07/ANN-15-06:
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.ZON-15-07:
MOVED by Hopper,SECONDED by Pollard based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No.ZON-15-07 a request by Betty Adams to rezone 2.37
acres,more or less,from R-1 (Low Density Residential)to M-1 (Light Industrial)for the property located
at 4114 Nelson Lane in Caldwell,Idaho(Parcel R32441)is approved with the conditions as outlined within
the staff report.
BOOK 57 PAGE 67
Roll call vote. Those voting yes: Hopper,Callsen,Pollard, Stadick,and Ozuna. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO.ANN-15-06:
MOVED by Hopper,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No.ANN-15-06 a request by Betty Adams to annex 2.53
acres,more or less,with an M-1(Light Industrial)zoning designation for the properties located at 0 Nelson
Lane, Caldwell, Idaho (Parcels R32441-011 &R32441-012)is approved with the conditions as outlined
within the staff report and further directing staff to assist Ms.Adams in trying to consolidate the parcels.
Roll call vote. Those voting yes: Hopper,Callsen,Pollard, Stadick,and Ozuna. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Stadick,SECONDED by Ozuna to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO.7[ORDINANCE NO.3033] FOR CASE NO.ZON-15-07[BETTY ADAMS
REZONE]WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,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 M-1 (LIGHT INDUSTRIAL)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 Pollard,SECONDED by Hopper to waive the three reading process and consider Bill No. 7
(Ordinance No.3033)on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Hopper to sponsor Bill No. 7 (Ordinance No. 3033),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Stadick, Ozuna, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER BILL NO.8[ORDINANCE NO.3034] FOR CASE NO.ANN-15-06[BETTY ADAMS
REZONE]WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,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
M-1 (LIGHT INDUSTRIAL) 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 Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 8
(Ordinance No.3034)on its first reading by title only.
Roll call vote: Those voting yes: Hopper,Callsen,Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 8 (Ordinance No. 3034),move for its
passage by title only,and approve the summary for publication.
BOOK 57 PAGE 68
Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Stadick, and Ozuna. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER REQUEST FROM JESSIE AND AARON HORSEWOOD FOR THE
CONSTRUCTION OF A PATIO ALONG INDIAN CREEK AT KIMBALL AVENUE[VINEYARD
SITE])
The Mayor explained that City Council has the option to recommend this item forward to the Urban
Renewal Agency for consideration, direct staff to conduct further research and bring back a formal
document for consideration,establish a public/private partnership,or deny the request.
In response to questions from Councilman Stadick,the Mayor stated that the City developed Indian Creek
as a"design build project" and therefore no design percentages for water space versus green space are
required. The suggested design of the patio as brought forward by Mr. &Mrs. Horsewood leaves the
alleyway accessible for City maintenance,safety services and delivery services.
Councilman Callsen asked if the patrons would be served on the patio. Ms.Horsewood responded that the
restaurant will be a full-service facility. Patrons will be served at their table.
Mr. Orton responded to questions from Councilman Callsen noting that City crews could possibly assist
with the demolition process.
Councilman Hopper expressed his concern with a precedence being established with such a project since
the request is to take public space and construct a facility for private use with no return on investment to the
taxpayer.He suggested that a public hearing be conducted to allow for public input. Discussion followed.
Councilwoman Ozuna stated that this project could be considered as an incentive program for the
Horsewood Grill to locate within the downtown. She spoke in favor of the request.
Kelly Jenkins, 16091 Orchard Avenue,stated her support for the project and compared the request to other
approved business incentive grant opportunities approved by the Urban Renewal Agency at Sky Ranch,
Trolley Square,Gardner Group,etc. This is a business that would like to locate in the downtown and the
partnership would be a public/private asset. The patio would remain as an asset for the City of Caldwell
which could be used for a variety of functions. The dining availability on Indian Creek would be unique to
Caldwell and Canyon County.
Councilman Hopper clarified the difference of this project in comparison with other business incentive
programs which have been awarded by the Urban Renewal Agency in the past.
Councilman Callsen expressed his concern in dealing with limited funds.
In response to questions from Mayor Nancolas,Aaron Seable weighed in on the"precedence"concern as
expressed by Councilman Hopper.
In response to questions from Councilman Stadick,Ms.Horsewood stated that the seating capacity within
the restaurant would be 42. The patio would increase the capacity for both facilities to 94 persons.
Discussion followed about the restaurant obtaining the proper licenses for offering alcoholic beverages at
the patio site and the indoor facilities.
Discussion followed concerning the options available to move forward with the matter.
MOVED by Callsen, SECONDED by Pollard that a public hearing should be held to gain public input
concerning this request and use of public funds,direct the City Attorney to conduct additional research on
the legal aspects(such as the public/private partnership aspect,a possible limited lease option,and if the
request is setting a precedent) and to see what City staff can do to assist with the physical portion in
completing the project noting that such findings would be reported back to City Council.
The Mayor stated that the proposed request from Mr. &Mrs. Horsewood indicated that they would be
interested in a limited lease during the months of April through October. The public/private partnership
could indicate that the patio would be available for open space during the months of November through
March.
Councilman Stadick stated his support for the idea.
The Mayor restated the motion.
Roll call vote: Those voting yes: Callsen,Pollard, Stadick, Ozuna, and Hopper. Those voting no: none.
Absent and/or not voting:none.
MOTION CARRIED
Councilman Callsen asked about the possibility of the Horsewood Restaurant using the alleyway for their
upcoming Mother's Day brunch event. The Mayor directed Mr.&Mrs.Horsewood to contact City staff
for permission to use the public alleyway space for the Mother's Day stand alone event.
BOOK 57 PAGE 69
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of $2,347,666.63 for the period ending March 30, 2016 and net payroll in the amount of
$288,924.70 for pay period ending on March 19,2016.
MOVED by Pollard, SECONDED by Callsen that accounts payable in the amount of $2,347,666.63
represented by check numbers 115165 through 115660 and payroll for the total amount of$288,924.70
represented by check numbers 29690 through 29708 and payroll direct deposits, be accepted, payment
approved,and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilwoman Ozuna encouraged everyone to attend the Local Legends event which will be held on April
16th at the O'Connor Event Center at 7:00 p.m.
Councilman Stadick reported on the Veteran's Memorial Hall fundraiser event at the Egg Factory
Restaurant on April 2nd. The event was very successful and$3,505.00 was raised by ticket sales.
(MAYOR'S COMMENTS)
The Mayor reported that the Mayor's Youth Advisory Council meeting will be held on Wednesday
evening, April 6 at 6:00 p.m. in the CPD Community Room. The Idaho Attorney General will be
presenting information at that meeting. The Mayor invited all students from Caldwell High School to
attend.
April 6-7: The Mayor will be attending the ICRMP board meeting in Boise.
April 1 l: The Mayor will not be able to attend the Urban Renewal Meeting that evening since he will be
participating in the National Honor Society Induction Ceremony at Caldwell High School.
April 12: The Mayor will be presenting to the Vallivue School Board concerning the ongoing partnership
programs with the City of Caldwell and the Vallivue School District(AVID program, Caldwell Youth
Master Plan,and Mayor's Youth Advisory Council).
April 13: The Mayor invited City Council Members to attend the Parks Department staff meeting at 8:00
a.m.at their facility on Irving Street. At 11:00 a.m.the Street Department staff meeting will be held at their
facility.
April 16: Local Legends event at the O'Connor Event Center. The doors open at 6:30 p.m.and the stage
performances begin at 7:00 p.m.
April 18: The next Regularly Scheduled City Council Meeting.
April 19: City Council Budget Workshop will be held at 6:00 p.m. at the CPD Community Room. The
public is encouraged to attend.
April 23: Caldwell Community Pride Clean-up Day sponsored by the Mayor's Youth Advisory Council at
9:00 a.m. Please contact Susan Miller concerning any possible projects that need to be addressed that day.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206,SUBSECTION(A) FOR
THE PURPOSE OF DISCUSSING THE HIRING OF A PUBLIC OFFICER, EMPLOYEE, STAFF
MEMBER OR INDIVIDUAL AGENT)
MOVED by Pollard, SECONDED by Hopper to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection(A) for the purpose of discussing the hiring of a public officer, employee, staff
member or individual agent at 8:34 p.m.
Roll call vote. Those voting yes:Pollard,Stadick,Ozuna,Hopper,and Callsen. Those voting no:none. Absent
and/or not voting:none.
MOTION CARRIED
MOVED by Hopper,SECONDED by Callsen to reconvene into Regular Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Pollard to adjourn at 8:45 p.m.
MOTION CARRIED
BOOK 57 PAGE 70
APPROVED AS written THIS 18" DAY OF April '2016.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk