HomeMy WebLinkAbout2018-03-19 City Council Minutes Regular MeetingBOOK 59 PAGE 35
REGULAR MEETING
March 19, 2018
7:00 P.M.
Mayor Nancolas opened the meeting. Pastor Don Brown from the Caldwell Friends Church provided the
invocation. The Mayor lead 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,
Hopper, Pollard, Stadick, Allgood, and Ozuna.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
The Mayor reported that members of the Mayor’s Youth Advisory Council (MYAC) traveled to
Washington, D.C. last week to meet with Idaho congressional representatives, attend the National League
of Cities Conference, and visit the Department of Education where MYAC members presented a White
Paper regarding educational reform. Seth Siple, Oxmar Gutierrez, Avisha Castro, and Genaro Huitron
provided an overview of highlights from the Washington, D.C. trip.
The Mayor reported that a copy of the white paper written by the MYAC members would be provided to
the City Council members for their review. Councilman Callsen recommended that the students present the
White Paper to the Idaho Board of Education.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Allgood to amend the agenda by adding Item #18 under the Consent
Calendar to read: ‘Approve Resolution authorizing the execution of an Addendum to Caldwell Events
Center (CEC) Events Concession Agreement to include a revised map depicting the alcohol beverage
contract perimeters.”
REASON: This information was not available at the time that the agenda was posted.
MOTION CARRIED
AUDIENCE PARTICIPATION
Cynthia Ripke-Kutsaguitz, 3523 E. Linden Street, Apt. 305, expressed her concern regarding the new
senior citizen complex under construction on Fillmore Street. She noted that the four-story structure is
incompatible with the surrounding area and emphasized potential safety concerns with the senior citizen
residents.
Mayor Nancolas explained the development process which involved City staff’s review and the approval
process of the structure prior to construction
Councilman Pollard reported that he personally met with the Fire Chief concerning this issue and learned
that the CFD fire apparatus vehicle would be able to reach the top balcony of the complex for safety
purposes.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on
March 5, 2018, the Caldwell Traffic Commission Meeting held on March 5, 2018, and the Friends
of the Train Depot Meeting held on September 7, 201 7; the Caldwell Hearing Examiner meetings
held on January 17, 2018 and January 30, 2018; the Caldwell Pathways and Bike Routes
Committee meeting held on October 17, the Caldwell Historic Preservation Commission meeting
held on September 27, 2017, and the Caldwell Senior Center Meetings held on February 14, 2018
(Revised Minutes) and March 14, 2018;
2. Approve the Order of Decision for Case No. SUB -18F-01 (Voyage Crossing #4 Final Plat);
3. Approve appointment of Cindy Jordan to the Caldwell Youth Master Plan Com mittee with a term
to expire December 31, 2021;
4. Approve request for the destruction of records (temporary and semi -permanent records) from the
Human Resources Department, the Parks, Recreation & Pool Department, the Fire Department,
and the Caldwell Public Library;
5. Approve Resolution No. 83-18 authorizing the execution of the 2017 Community Development
Block Grant Award Agreement from the U. S. Department of Housing and Urban Development in
the amount of $408,579.00;
6. Approve Resolution 84-18 authorizing the execution of the Addendum to Agreement with Jesse
Tree of Idaho for the period of October 1, 2017 thru March 31, 2018 for FY -2016 CDBG Funding;
7. Approve Resolution 85-18 authorizing the execution of the Subrecipient Agreement with
Advocates Against Family Violence for FY-2017 CDBG Funding;
8. Approve Resolution 86-18 authorizing acceptance of the CDBG Commercial Sign Grant Program
for FY-2017 CDBG Funding;
BOOK 59 PAGE 36
9. Approve Resolution No. 87-18 authorizing the hire of Specialty Construction Services to furnish
and install Crafco Mastic One Pleximelt for crack filling repair services at the Caldwell Industrial
Airport in the amount of $31,360.00;
10. Approve Resolution No. 88-18 ratifying the execution of the Supplemental Agreement for Lease
with Union Pacific Railroad (UPRR) of land south of the railroad tracks between 5 th Avenue and
12th;
11. Approve Resolution No. 89-18 accepting Dedication of water main lines from the College of
Idaho constructed as part of the Finney Hall Project located at 2112 Cleveland Boulevard;
12. Approve Resolution 90-18 accepting Dedication of water main lines, street lights, and certain
storm drain conveyance facilities located in the right -of-way from Sienna Hills Development
Corporation for Sienna Hills Subdivision Phase No. 6;
13. Approve Resolution No. 91-18 accepting an Easement from the College of Idaho providing a
pathway for domestic water main lines across a portion of the College of Idaho property to provide
domestic water service and fire protection to Finney Hall;
14. Approve Resolution No. 92-18 accepting a Dedication of water main lines from Badger Creek
Investments, LLC, for the Slipstream Building Project;
15. Approve Resolution No. 93-18 authorizing the execution to an Addendum to the Destination
Caldwell Memorandum of Understanding addressing a fee waiver for Special Event Permit
Applications for the Indian Creek Plaza;
16. Approve Resolution No. 94-18 accepting an Award of Bid for the Street Department Shop
Addition to include concrete foundation, underground plumbing and flatwork not to exceed
$200,000 pursuant to Idaho Code, Title 67, Chapter 28 to the lowest responsive informal bidder;
17. Approve Resolution No. 95-18 accepting a Temporary Utility Easement from the Caldwell Urban
Renewal Agency for the purpose of constructing, operating, and maintaining sewer mainlines at
1703 KCID Road.
18. Approve Resolution No. 98-18 authorizing the execution of an Addendum to Caldwell Events
Center (CEC) Events Concession Agreement to include a revised map depicting the alcohol
beverage contract perimeters. [ADDED]
MOVED by Pollard, SECONDED by Callsen 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
(CONTINUED: PUBLIC HEARING (QUASI-JUDICIAL): CASE # PUD-17P-01 & ANN-17-06. A
REQUEST BY PROVIDENCE PROPERTIES, LLC TO ANNEX 159 ACRES, MORE OR LESS,
WITH AN R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DESIGNATION ON 101.7 ACRES
MORE OR LESS; AND A C-2 (COMMUNITY COMMERCIAL) ZONING DESIGNATION ON
57.3 ACRES MORE OR LESS WITH A DEVELOPMENT AGREEMENT. ALSO REQUESTED IS
A PLANNED UNIT DEVELOPMENT WITH PRELIMINARY PLAT FOR ADAM’S RIDGE
SUBDIVISION CONSISTING OF 444 SINGLE FAMILY LOTS, 22 FOUR-PLEX LOTS, 1
APARTMENT LOT, 1 MINI-STORAGE LOT, AND 12 COMMERCIAL LOTS. THE SUBJECT
PROPERTIES ARE LOCATED AT THE SOUTHWEST CORNER OF MIDLAND BOULEVARD
AND USTICK ROAD, IN CALDWELL, IDAHO (PARCEL # R3086700000 & R3086800000)
Mayor Nancolas outlined the public hearing/quasi -judicial process concerning the continued public
hearing. He explained that only those who signed up at the previous public hearing held on February 20,
2018 for the Adam’s Ridge Development could provide public testimony tonight to address new
information.
Jarom Wagoner, Senior Planner from 621 Cleveland Blvd. acknowledged being previously sworn in and
provided a PowerPoint presentaiton with current information relating to City Council’s comments on
February 20, 2018 to include: 1) Connectivity to Midland Boulevard and con tinuation of Laster Street, 2)
Concerns regarding Phasing Plan, 3) Proposed amenities constructed in a timely manner, 4) Draft Traffic
Impact Study (TIS) completed, and 5) Finalized Development Agreement.
Mr. Wagoner outlined the following recommendations:
The Phasing Plan shall be amended as shown in Exhibit SP-12. This shall provide for extended street
improvements for Phase 2 along Ustick Road; for Phase 6 along Adams Ridge Drive and Stackrock
Ridge Avenue; and for Phase 10 along Laster Street (recommended Condition of Approval 14.27).
Upon completion of the Ustick/Midland roundabout, the applicant shall construct any remaining
unimproved areas of Ustick Road abutting the site. This shall provide a continuous fully improved
street section for Ustick Road along the entire northerly boundary of the site (recommended Condition
of Approval 14.28).
Adams Ridge Drive shall be constructed prior to the City Engineers signature on the final plat of Phase
6 or in conjunction with commercial development along the northern portion of the proposed street
alignment; whichever occurs earlier. If the commercial development triggers this requirement, no
Certificate of Occupancies shall be issues for structures located along this roadway until the roadway
has been dedicated and accepted by the City (recommended Condition of Approval 14.29).
BOOK 59 PAGE 37
Stackrock Ridge Avenue shall be constructed in its entirety prior to the City Engineers signature on the
final plat of Phase 6 or in conjunction with commercial development along the eastern portion of the
proposed street alignment; whichever occurs earlier. If the commercial development triggers this
requirement, no Certificate of Occupancies shall be issues for structures located along this roadway
until the roadway has been dedicated and accepted by the City (recommended Condition of Approval
14.30).
Block 7, Lot 1 (see Exhibit PZ-1008) shall be platted as part of Phase 4 (recommended Condition of
Approval 14.31).
The building permits for the swimming pool and clubhouse that are to be located on Block 7, Lot 1
(see Exhibit PZ-1008) shall be submitted and accepted by the City Building Department prior to
issuing any residential building permits for Phase 5 (recommended Condition of Approval 14.32).
The swimming pool and clubhouse that are part of Block 7, Lot 1 (see Exhibit PZ -1008) shall be
completed and operational prior to issuing any residential building permits for Phase 6 (recommended
Condition of Approval 14.33).
Councilman Callsen inquired about the continuance of Laster Lane.
Mayor Nancolas expressed his concern regarding the use of the Planned Unit Development element of the
development especially as it pertains to the lack of improvements early on within the development.
Councilman Stadick expressed his concern regarding the traffic issues at the Karcher Exchange area.
Councilman Allgood inquired regarding traffic concerns along Midland. City Engineer Robb MacDonald
reported on the mandatory traffic design (turn lanes) for the right-of-way.
Councilman Hopper expressed his concern regarding access issues for the four-plex unit of the
development. He questioned how that portion fits into the design and the phasing schedule.
Mayor Nancolas labeled the PowerPoint presentation from Jarom Wagoner as CC-1003.
Mitch Armuth, Providence Properties, LLC, 701 South Allen Avenue #104, Meridian, acknowledged being
previously sworn in and spoke in support of the development.
Councilman Callsen asked how a possible denial of the PUD might affect their development.
Mr. Armuth responded that the PUD element assisted them in being in compliance with the Caldwell
Comprehensive Map.
Mike Timpson, 10469 Dunlap Drive, Nampa, acknowledged being previously sworn in and expressed
concern regarding traffic issues at Midland Road and the I-84 interchange.
Mayor Nancolas stated that Midland Road would be improved in conjunction with the development’s
phasing plan.
Becky Timpson, 10469 Dunlap Drive, Nampa did not provide testimony.
Mike Wieltschnig, 17398 Stiehl Creek Drive, did not provide testimony.
Steve Sutton, 17330 Stiehl Creek Drive, Nampa, acknowledged being previously sworn in and spoke in
opposition to the application. He expressed concerning regarding traffic issues along Laster Lane.
Robb MacDonald explained the proposed traffic pattern on Midland & Cherry in response to questions
from Mr. Sutton.
Paul Guggenbuehl, 10435 Kaylee Way, Nampa, acknowledged being previously sworn in and spoke in
opposition to the development. He expressed concern with the Karcher Interchange improvements and
timing issues of the development.
Pat Green, 17296 Stiehl Creek Drive, Nampa, did not provide testimony.
Alta Green, 17296 Stiehl Creek Drive, Nampa, did not provide testimony.
Tony Vierra, 10372 Kaylee Way, Nampa, did not provide testimony.
Brenda Vierra, 10372 Kaylee Way, Nampa, did not provide testimony.
Lars Lind, l0330 Mychal Lane, Nampa, did not provide testimony.
Pam Lind, l0330 Mychal Lane, Nampa, did not provide testimony.
Rex Birch, 18423 Avalon Place, Nampa, did not provide testimony.
Don Sandquist, 18210 Harvester, did not provide testimony.
BOOK 59 PAGE 38
Elizabeth Lee, 17125 Solomon Drive, Nampa, did not provide testimony.
Matt Fitzgerald, 17561 Stiehl Creek Drive, Nampa, expressed his concern regarding the lack of a plan for
improvements along Laster Lane.
Tina Fietzgerald, 17561 Stiehl Creek Drive, Nampa did not provide testimony.
Harry Fisher, 10732 Longta il Drive, Nampa did not provide testimony.
David Broom, Midland Blvd., acknowledged by previously sworn in and expressed concern regarding
improvements along Laster Lane.
In rebuttal, Mitch Armuth of Providence Properties responded to comments regarding Laster Lane
improvements. He reported on phone conver sations held with the City of Nampa regarding right -of-way
improvements along Laster Lane. He stated that the PUD portion of the application complies with staff’s
recommendations. He addressed construction issues for the roundabout and elements of the development
agreement regarding connectivity. Phasing would start to the north and move toward the south for the
purpose of availability of connecting to City services.
Discussion followed concerning right-of-way improvements, the planned unit development request, and
phasing issues.
MOVED by Stadick, SECONDED by Hopper to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN-17-06 & PUD-17P-01:
The Mayor presented the Evidence List: staff report, sign-up sheets, aerial map, CC-1000 (Adams Ridge
PowerPoint), CC-1001 (Adams Ridge Overview), CC-1002 (Email from Ryan Johnson), CC-1003
(PowerPoint presentation from Jarom Wagoner).
MOVED by Hopper, SECONDED by Stadick to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-17-06:
MOVED by Callsen, SECONDED by Allgood to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN-17-06:
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 all
adopted City Codes and ordinances are used in evaluating the application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN-17-06:
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 notice d and heard within the
guidelines of applicable state codes and local ordinances.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN-17-06:
MOVED by Callsen, SECONDED by XXXXX based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. ANN-17-06 a request by Providence Properties, LLC to
annex 159 acres, more or less, with an R-2 (Medium Density Residential) zoning designation on 101.7
acres more or less; and a C-2 (Community Commercial) zoning designation on 57.3 acres more or less with
a Development Agreement for the property located at the southwest corner of Midland Boulevard and
Ustick Road, in Caldwell, Idaho (Parcel # R3086700000 & R3086800000)) in Caldwell, Idaho is approved
with the conditions of approval as outlined within the staff report.
The motion denied due to the lack of a second on the motion.
MOVED by Pollard, SECONDED by Stadick based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council hereby orders that Case No. ANN-17-06 a request by Providence Properties, LLC to
annex 159 acres, more or less, with an R-2 (Medium Density Residential) zoning designation on 101.7
acres more or less; and a C-2 (Community Commercial) zoning designation on 57.3 acres more or less with
a Development Agreement for the property located at the southwest corner of Midland Boulevard and
Ustick Road, in Caldwell, Idaho (Parcel # R3086700000 & R3086800000)) in Caldwell, Idaho is denied.
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 59 PAGE 39
MOVED by Stadick, SECONDED by Pollard to close the public hearing.
MOTION CARRIED
The Mayor called a short recess at 8:40 p.m. The Mayor reconvened the meeting at 8:45 p.m.
NEW BUSINESS
(CONSIDER APPOINTMENT OF THE CITY OF CALDWELL FINANCE DIRECTOR/
TREASURER)
Mayor Nancolas reported on the retirement ceremony, which was held for ElJay Waite on Friday, March
16, 2018 and expressed his appreciation for Mr. Waite’s diligent service to the City of Caldwell for the past
twenty years. He outlined the process that was followed in seeking a replacement for the Caldwell Finance
Director-Treasurer and presented the name of Carol Mitchell to serve as the Caldwell Finance Director-
Treasurer noting that the appointment is effective April 1, 2018.
MOVED by Pollard, SECONDED by Hopper to appoint Carol Mitchell as the City of Caldwell Finance
Director-Treasurer effective April 1, 2018.
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
Mayor Nancolas provided the Oath of Office to Carol Mitchell.
(CONSIDER BILL NO. 10, ORDINANCE NO. 3140 REQUESTING VACATION OF AN
EASEMENT SPECIFICALLY GRANTED TO THE CITY OF CALDWELL FOR SEWER AND
STORM DRAIN EASEMENT BY MAVERIK, INC. OF SALT LAKE CITY, UTAH AT A
LOCATION KNOWN AS 420 N. ILLINOIS)
Brent Orton, 621 Cleveland Boulevard, provided the staff report concerning the request.
The Mayor read the ordinance by title only:
AN ORDINANCE RECITING PETITION FOR PARTIAL VACATION OF AN EASEMENT
SPECIFICALLY GRANTED TO THE CITY FOR SEWER AND STORM DRAIN. DETERMINING
THAT PARTIAL VACATION OF SAID EASEMENT IN THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT
PARTIAL VACATION OF SAID EASEMENTS ARE IN THE BEST PUBLIC INTEREST FOR THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO.
MOVED by Hopper, SECONDED by Stadick to waive the three reading process and consider Bill No. 10
(Ordinance No. 3140) on its first reading by title only.
Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Stadick to sponsor Bill No. 10 (Ordinance No. 3140) and move for
its passage by title only.
Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 47 [ORDINANCE NO. 3128] FOR CASE NO. ANN-17-06 (ADAMS RIDGE
ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,
AND APPROVE THE SUMMARY FOR PUBLICATION)
No action was taken on this item since the request for annexation (ANN-17-06) was denied within the
public hearing.
(CONSIDER RESOLUTION NO. 96-18 AUTHORIZING THE EXECUTION OF A PURCHASE &
SALE AGREEMENT WITH HESS PROPERTIES, LLC FOR 27 ACRES LOCATED ON EL
PASO ROAD BETWEEN WILLIS AND PURPLE SAGE ROAD)
ElJay Waite, 621 Cleveland Blvd., provided the staff report. He noted that one change was made to the
agreement regarding the transfer of farming to the buyer at the time of closing. He recommended approval
of the Purchase & Sale Agreement and the Option to Purchase Agreement.
In response to questions from Councilman Hopper, Mr. Waite clarified that the proceeds from the sale will
reimburse the City of Caldwell for the loans, which have been made to the golf fund over the years.
BOOK 59 PAGE 40
In response to questions from Councilman Allgood, Mr. Waite reported that the Option to Purchase
Agreement is dated March 19, 2021.
The Mayor reported that there has been communication with Dennis Lammey concerning the sale of the
parcel and consideration was given to the current farming activity at the site.
MOVED by Pollard, SECONDED by Allgood to approve Resolution No. 96-18 as presented.
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
(CONSIDER RESOLUTION NO. 97-18 AUTHORIZING THE EXECUTION OF AN OPTION TO
PURCHASE AGREEMENT WITH HESS PROPERTIES, LLC FOR 63 ACRES LOCATED ON EL
PASO ROAD BETWEEN WILLIS AND PURPLE SAGE ROAD)
ElJay Waite, 411 Blaine Street, provided the staff report. He noted that the subdivision will be developed
in phases starting at the northern point at Purple Sage Road.
MOVED by Callsen, SECONDED by Stadick to approve Resolution No. 97-18 as presented.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,920,636.85 for the period ending March 14, 2018 and a net payroll of $326,772.12 for the
period ending March 9, 2018.
MOVED by Allgood, SECONDED by Hopper that accounts payable in the amount of $1,920,636.85
represented by check numbers 129494 through 129709 and payroll in the amount of $326,772.12
represented by check numbers 32232 through 32240 and direct deposits be accepted, payments approved,
and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard reported that he is scheduled to read a proclamation at the Advocates Against Family
Violence event on Sunday, April 8, at 6:00 p.m., at Indian Creek Park. He noted that due to a family
situation, an alternate council member to read the proclamation may be necessary. Councilman Hopper
volunteered to step in and read the proclamation, if necessary.
Councilman Hopper expressed his excitement about the current downtown development projects.
Councilwoman Ozuna reported on the new electronic sign recently purchased by the Caldwell Library
Board. It is located on the corner of 10th and Dearborn Street. The Library Board meetings have changed
from the first Thursday to the third Thursday of each month at 6:30 p.m.
Councilman Stadick reported on the progress of the Caldwell Veterans Memorial Hall.
(MAYOR’S COMMENTS)
Brent Orton reported on his recent tour of the new Fresca facility and the success of the development.
The Mayor reported on the outcome of the Mayor’s Walking Challenge this year. A donation of $1,000
will be made to Wilson Elementary for their participation in the activity. It was recommended by Council
President Callsen that the Caldwell City Council match the donation thereby providing $2,000 to the school
for physical activity projects.
MOVED by Pollard, SECONDED by Hopper to designate $1,000 from the Caldwell City Council
Community Relations Fund to match the Mayor’s Challenge donation of $1,000 to Wilson Elementary
School.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Stadick to adjourn at 9:17 p.m.
MOTION CARRIED
APPROVED AS written THIS 2nd DAY OF April , 2018.
BOOK 59 PAGE 41
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk