HomeMy WebLinkAbout2017-02-06 City Council Minutes BOOK 58 PAGE 15
REGULAR MEETING
February 6,2017
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. Pastor Kathy Bilderback
of Evergreen Heights Mennonite Church provided the invocation. Ryan Simar of Boy Scout Troop 4276 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,Allgood,Ozuna,and Hopper.Absent: None.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
The members in attendance from Boy Scouts from Troop 4276 were acknowledged by Mayor Nancolas.
Each of the scouts stood and introduced themselves.
The Mayor acknowledged Cheryl Adams, teacher of the Caldwell High School American Government
class. Each of the students in attendance stood and introduced themselves.
A. Caldwell Fire Department Stair Climb Team: Leukemia&Lymphoma Society Fundraiser
Jose Martinez, member of the Caldwell Fire Department, provided information concerning the
upcoming Stair Climb Event (Leukemia & Lymphoma Society Fundraiser) to be held on March 12,
2017 in Seattle, Washington. They will be climbing 29 floors in full firefighter gear. The firefighter
members participating in the event were introduced by Mr.Martinez.
B. Metro Community Services: Annual Report
Matt Jones, Marketing Director at Metro Community Services, provided a PowerPoint presentation
concerning the outreach of Metro Community Services. He reported that the name officially changed
from CCOA—Aging,Weatherization and Human Services to Metro Community Services as of July 5,
2016. He expressed appreciation to the City of Caldwell for the financial support received each year
for the agency's transportation program(senior bus).
C. FY-2016 Audit Report
Eric Randall,member of the Caldwell Audit Committee,provided copies of the City of Caldwell Audit
Report. He noted that the Audit Committee met with City Finance Departmental Staff and Eide
Bailly. He reported that the Audit Committee was in support of the audit results noting that no
material findings were found.
Jodi Daughtery of Eide Bailly, 877 W. Main Street, Suite 805, Boise, provided an overview of the
financial audit. She stated that the audit process went well with clean results. She complimented the
Finance Department on their efficiency in preparation of the audit. The year-end fund balance was
$19,736.580.00. She noted that Eide Bailly prepares the City of Caldwell Financial Statements for
the audit as requested by City administration. An audit was conducted this year regarding any federal
awards which revealed no findings.
E1Jay Waite, City Finance Director,provided copies of the Health Trust Audit and the Urban Renewal
Audit. He noted that the Financial Statements for both of these audits were prepared by City Finance
Department staff. Mr.Waite reported that all funds are in good financial condition.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Stadick to amend the Consent Calendar by:
• Removing Item#14 from the Consent Calendar as requested by City Staff.
• Moving Items 411 &412 from the Consent Calendar to New Business to allow for discussion.
• Adding an Executive Session pursuant to Idaho Code, Section 74-206, Subsection(c) for the purpose
of discussing the acquisition of or an interest in real property not owned by a public agency.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on January 17,2017; the
Friends of the Train Depot Meeting held on December 29, 2016; the Caldwell Youth Master Plan
Committee Meeting held on October 25, 2016; the Caldwell Historic Preservation Commission
Meeting held on October 26, 2016, and the Caldwell pathways and Bike Routes Committee held on
November 29,2016;
BOOK 58 PAGE 16
2. Approve the Order of Decision for Case No. ANN-16-07(Mack Annexation).
3. Approve the Order of Decision for Case No.APP-16-07(Mason Creek Landing Appeal);
4. Approve Resolution No. 18-17 authorizing the use of City funds for payment of a Fee Proposal
Contract by JGT Architecture for design services at the Caldwell Street Department Maintenance
Facility in the amount of$17,000;
5. Approve Resolution No. 19-17 of Intention to form a voluntary Local Improvement District(LID 17-
1)for construction of concrete curbs,cutters,drive approaches and decorative sidewalk improvements;
6. Approve Resolution No.20-17 accepting an Easement from Challenger Development,Inc.for pressure
irrigation main lines to service Delaware Park No.2,Unit No.3;
7. Approve Resolution No. 21-17 accepting an Easement from Vintage Lionwood, LLC for storm drain
service for Cirrus Point No.4;
8. Approve Resolution No 22-17 accepting an Easement from Ashton Place Association for a new street
light to provide lighting to the Ustick&Lake Roundabout;
9. Approve Resolution No. 17-17 authorizing the execution of a Local Professional Services Agreement
with Idaho Transportation Department (Agreement 494284) between the City of Caldwell and HDR
Engineering, Inc., for construction inspection services related to the 21" Avenue Road
Widening/Indian Creek to Cleveland Boulevard Project;
10. Approve Resolution No. 23-17 authorizing the execution of a Memorandum of Agreement with Metro
Community Services relating to the senior bus transportation to Caldwell individuals age 60 and older;
11. Approve Resolution authorizing the execution of a Farm Lease with Todd Molko comprised of
approximately 35.56 acres(approximately 31.75 farmable acreage); [MOVED TO NEW BUSINESS]
12. Approve Resolution authorizing the execution of a Farm Lease with Lammey Farms comprised of
approximately 91.74 acres(approximately 81 farmable acreage); [MOVED TO NEW BUSINESS]
13. Approve Resolution No. 24-17 accepting a Warranty Deed from DT Caldwell Investments, LLC for
property located at 123 South 71h Avenue;
14. Approve Resolution authorizing the execution of an Agreement between the City of Caldwell and
Jesse Tree of Idaho for the Caldwell CDBG program relating to homelessness prevention assistance;
[REMOVED]
15. Approve Resolution No. 25-17 authorizing the purchase of a new Point of Sale system for Purple Sage
and Fairview Golf Courses from ForeUP in the amount of$8,482.00 with a one-time set-up fee of
$650.00;
16. Approve Resolution No. 26-17 authorizing the declaration of city-owned equipment as surplus
property from the Water Department and the Information Technology Department;
17. Approve Resolution No. 27-17 authorizing the execution of a contract with Crane Alarm Service for
annual fire alarm inspections and monitoring of fire and security systems located within city-owned
buildings;
18. Approve request from Canyon Springs High School to reduce the rental fee for the Caldwell Train
Depot scheduled for April 15,2017 to$150.00;
19. Approve request for destruction of temporary, semi-permanent,or transient records from the following
departments: City Clerk,Water/Finance, Human Resources,Parks& Recreation,Planning&Zoning,
Water,and Police Department(Records);
20. Approve Resolution No. 28-17 to award an informal bid to the responsive lower bidder for
construction of an addition at the Caldwell Memorial Veterans Hall to house a stairwell and an
elevator;
MOVED by Pollard, SECONDED by Stadick to approve the Consent Calendar as amended.
Roll call vote: Those voting yes:Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ZON-16-07 — A REQUEST BY
JACKSON'S FOOD STORES TO REZONE THREE PARCELS TOTALING 0.57 ACRES, MORE
OR LESS, FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO C-2 (COMMUNITY
COMMERCIAL)WITH A DEVELOPMENT AGREEMENT. THE SUBJECT PROPERTIES ARE
LOCATED AT 2406,2414,AND 2422 SOUTH MONTANA AVENUE IN CALDWELL,IDAHO)
The Mayor explained the quasi-judicial process and declared the public hearing open. The Mayor asked
for those who would be providing public testimony to stand and be sworn in by the City Clerk.
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the facts from the staff
report. He provided an aerial map indicating the requested rezone of the subject properties. He noted
that current residential subject properties would be demolished for the purpose of expansion of the Jackson
Food Store. All three of the subject properties would be rezoned to C-2 thus conforming to the current
regulations.
Mr.Wagoner reviewed the recommendations from staff under the Conditions of Approval:
• Dedicate 40 feet of right along Linden Street for street improvements as well as portions of
Montana Avenue by constructing curb/gutter/sidewalk and provide landscaping. He reported that
BOOK 58 PAGE 17
the recent remodel of the site included improvements on the street to the north of the parcel as well
as a section of Montana Avenue.
• No new driveway approaches would be allowed onto Montana Avenue from the site. The existing
southern driveway would be relocated 50 feet to the south to be in alignment with the alley right-
of-way. Replace the relocated driveway section with vertical curb,gutter, and sidewalk to match
the existing conditions on either side.
• One right-in/right-out driveway approach would be allowed onto Linden Street from the site. The
driveway-way approach would be located on the west end of the subject property. A median
would be built on Linden Street for safety reasons in association with the roadway intersection.
In response to questions from Councilman Stadick,Mr.Wagoner confirmed that trucks would enter the site
from the east and exit from the west. Mr. Wagoner clarified that trucks could enter from Montana and exit
the property on Linden.
In response to questions from Mayor Nancolas, Mr. Wagoner reported that staff has spoken with the
applicant concerning having only two driveway approaches. He noted that it is the applicant's desire to
continue with three driveways for access purposes on Montana Avenue.
Doug Racine,BRS Architects, 1010 Allante Place#100,Boise,acknowledged being sworn in and spoke in
favor of the application.
In response to questions from Councilman Callsen, Mr. Racine reported that a solid vinyl fence would be
placed between the subject property and properties south of the site.
John Jackson, 3450 Commercial Court, Boise, acknowledged being sworn in and spoke in favor of the
application. He requested that consideration be given to the two recently constructed curb cuts and
sidewalks on Montana which were redone at the time of the remodel of the facility. He asked that the
alleyway be extended. He expressed his concern regarding the right-in/right-out access issues on Linden
explaining that the access design as recommended by staff would be a considerable detriment to their
customers. He provided a financial statement indicating the loss of profit due to access to the site at their
new business along Hwy 20/26 and Middleton Road.
Jarom Wagoner asked for clarification concerning the widening of the alleyway as explained by Mr.
Jackson.
Robb MacDonald, 621 Cleveland Blvd., explained that the recent improvements to the Jackson's Store
were considered as tenant improvements and therefore the two northern access points were able to remain
during the remodel.
Ted Brumet, 622 E. Linden Street, acknowledged being sworn in and spoke as neutral to the application.
He expressed his concern about any access being allowed on Linden Street due to safety reasons. He
referenced the routine traffic congestion at the intersection of Linden and Montana due to the close
proximity of the school. He asked about the removal or closure of the existing underground storage tanks
at the site.
Brent Orton,621 Cleveland Blvd.,stated that the Idaho DEQ and EPA regulate fuel systems.
John Jackson stated that the newly proposed fuel tank system would be built per the requirements of DEQ
and EPA. He noted that there is a specific protocol which would be followed to abandon a fuel tank as set
by DEQ and EPA.
Stephanie Cook, 1816 Wyoming Avenue, was sworn in by the City Clerk and spoke as neutral to the
application. She explained that she owns property near the subject site and asked about right-of-way access
to the parcel.
The Mayor reported that the existing right-of-way for her property will continue to exist.
MOVED by Stadick, SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-16-07:
The Mayor presented the Evidence List: staff report, sign-up sheets, CC-100 (aerial map of ZON-16-07
presented by Jarom Wagoner), and CC-1001 (a financial document presented by Mr.Jackson).
MOVED by Callsen, SECONDED by Hopper to accept the Evidence List as presented.
Roll call vote. Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. Those voting
no:none. Absent and/or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-16-07:
MOVED by Callsen, SECONDED by Stadick to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
BOOK 58 PAGE 18
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.ZON-16-07:
MOVED by Allgood, SECONDED by Stadick 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-16-07
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-16-07:
MOVED by Callsen, SECONDED by Pollard based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. ZON-16-07 a request by Jackson's Food Stores to
rezone three parcels totaling 0.57 acres, more or less, from R-2 (Medium Density Residential) to C-2
(Community Commercial) with a Development Agreement located at 2406, 2414, and 2422 S. Montana
Avenue in Caldwell, Idaho is approved with conditions as listed in the staff report with the exclusion of
9.11 which would be amended to allow the two existing access points on Montana to be left in tack, allow
for the widening of the alleyway up to 50 percent, add a condition requiring a six-foot vinyl privacy fence
to the back side of the property, and the right-in/right-out requirement on Linden Street is to remain as
recommended by staff.
Roll call vote. Those voting yes: Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no:
Hopper. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Stadick to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 54 (ORDINANCE NO. 3080) FOR CASE NO. ZON-16-07 (JACKSON
REZONE)WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,AND
APPROVE THE SUMMARY FOR PUBLICATION)
MOVED by Callsen, SECONDED by Stadick to continue this item to the next Regularly Scheduled City
Council Meeting to be held on February 21,2017 at 7:00 p.m.
MOTION CARRIED
(CONSIDER BILL NO. 3 (ORDINANCE NO. 3084) REPEALING CHAPTER 6, ARTICLE 11,
SECTIONS 6-11-01 THROUGH 6-11-41 PERTAINING TO THE LICENSING AND
REGULATION OF TAXICABS AND COMMERCIAL TRANSPORTATION VEHICLES WITH A
REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
Aaron Seable, 1303 121'Avenue Road, Nampa, provided the staff report. He noted that this matter was
previously discussed with City Council. This act would de-regulate taxi cabs and commercial
transportation vehicles within the City of Caldwell.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, REPEALING CHAPTER 6,
ARTICLE 11, SECTIONS 6-11-01 THROUGH 6-11-41, INCLUSIVE, OF THE CALDWELL CITY
CODE, PERTAINING TO THE LICENSING AND REGULATION OF TAXICABS AND
COMMERCIAL TRANSPORTATION VEHICLES; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS AND PARTS THEREOF,IN CONFLICT HEREWITH.
MOVED by Pollard, SECONDED by Allgood to waive the three reading process and consider Bill No. 3
(Ordinance No.3084)on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Allgood to sponsor Bill No. 3 (Ordinance No. 3084 and move for its
passage by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, and Ozuna. Those voting no: Hopper and
Callsen. Absent and/or not voting:none.
MOTION CARRIED
BOOK 58 PAGE 19
(CONSIDER BILL NO.4(ORDINANCE NO.3085) CHANGING THE OFFICIAL STREET NAME
FROM ARAUJO AVENUE TO ROCCA AVENUE WITH A REQUEST TO WAIVE THE RULES
AND PASS ON THE FIRST READING)
Brent Orton, 621 Cleveland Blvd.,provided the staff report. He noted that the change will take place in a
subdivision where only one or two homes would be affected. The two homeowners have been contacted
and are willing to accept this change. The remaining homes are under construction as well as numerous
lots still under control of the developer.
In response to questions from Councilman Hopper, Mr. Orton noted that the request is based on a safety
services issue dealing with potential mispronunciation of the current street name.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL CHANGING THE OFFICIAL
STREET NAME OF "ARAUJO AVENUE" TO "ROCCA AVENUE"; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS,ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Callsen, SECONDED by Stadick to waive the three reading process and consider Bill No. 4
(Ordinance No.3085)on its first reading by title only.
Roll call vote: Those voting yes: Callsen,Pollard, Stadick, Allgood, Ozuna, and Hopper. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Stadick to sponsor Bill No. 4 (Ordinance No. 3085), move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, Ozuna, and Hopper. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF A FARM LEASE WITH
TODD MOLKO COMPRISED OF APPROXIMATELY 35.56 ACRES [APPROXIMATELY 31.75
FARMABLE ACREAGE])
Councilman Stadick expressed his concern with the lease rates and asked for clarification as to how the
rates were determined. Discussion followed.
(CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF A FARM LEASE WITH
LAMMEY FARMS COMPRISED OF APPROXIMATELY 91.74 ACRES [APPROXIMATELY 81
FARMABLE ACREAGE])
MOVED by Stadick, SECONDED by Ozuna continue the two farm lease items to the next Regularly
Scheduled City Council Meeting to the held on February 21, 2017 at 7:00 pm. with the provision that an
explanation be provided as to the lease rates and possible inclusion of the "certified seed" clause be
included in both leases if necessary.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of$2,757,871.29 for the period ending January 26,2017 and net payroll in the amount of
$779,358.19 for pay period ending on January 7,2017 and January 21,2017.
MOVED by Allgood, SECONDED by Pollard that accounts payable in the amount of $2,757,871.29
represented by check numbers 121227 through 121639 and 31010 through 31023 (note accounts payables
printed on payroll check stock) and payroll in the amount of $779,358.19 represented by check numbers
30816 through 31009 and direct deposits,be accepted,payment approved, and vouchers filed in the office
of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard expressed his appreciation on behalf of the Caldwell Senior Center Board for the assistance
of Human Resource Director Monica Jones in dealing with personnel issues.
Councilman Callsen reported that he accompanied students from the Mayor's Youth Advisory Council last
week to the Red Cross Training Day and the Youth Lobby Day at the State House.
Council President Callsen recommended that Council Members approve a contribution of$500 from the City
Council's Fund for the Caldwell Firefighters involvement with the Leukemia&Lymphoma Society Stair Climb
Fundraiser. This amount would match the $500 contribution already allocated from the Mayor's Community
Fund. Council Members concurred with this recommendation.
BOOK 58 PAGE 20
(MAYOR'S COMMENTS)
The Mayor reported that he recently attended the Chamber of Commerce reception welcoming the new
members.
He attended the AIC Board Meeting which legislative issues were addressed. He provided an overview of
upcoming proposed legislation.
The Mayor reported that he will be in Washington, D.C. February 12-15 for meetings with the National
Association of Regional Councils. He is representing the COMPASS board and will be meeting with
congressional representatives while attending the conference. Transportation and aeronautic funding will be
discussed.
Upcoming Calendar Events:
February 161' YMCA grand re-opening of their remodeled facility at 5:30 p.m.
February 21st Fair Board Meeting at City Hall in the Mayor's Conference Room at 1:00 p.m.
(He noted that if more than two of the Council Members are planning to attend,the meeting must be noticed by
the City Clerk.)
February 23rd Leadership Caldwell will be meeting with City staff. The meeting will take place in the CPD
Community Room at 9:45 p.m.
February 281' State of the City Address at the College of Idaho Jewett Auditorium at 4:00 p.m.
(EXECUTIVE SESSION)
MOVED by Pollard, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection(c)for the purpose of discussing the acquisition of or an interest in real property not
owned by a public agency at 9:16 p.m.
Roll call vote. Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Stadick to adjourn at 9:22 p.m.
MOTION CARRIED
APPROVED AS written THIS 21s` DAY OF February _2017.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk