HomeMy WebLinkAbout2018-04-16 City Council Minutes Regular Meeting BOOK 59 PAGE 46
REGULAR MEETING
Monday,April 16,2018
7:00 P.M.
Pastor Dana Brooks of the Grace Lutheran 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,
Pollard,Stadick,Allgood,and Hopper. Absent: Ozuna.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Proclamation: Sexual AssaultAwareness Month
The Mayor read the proclamation into the record:
Sexual Assault Awareness Month calls attention to the fact that sexual family violence is wide spread
and effects every person in this community. The goal of Sexual Assault Awareness Month is to raise
public awareness about sexual violence and educate communities about how to prevent it. Rape,
sexual assault,and sexual harassment is hard on a community. Statistics show that one in five women
and one in sixty-seven men will be raped at some point in their lives.
Child sexual abuse prevention must be a priority to confront the reality of that one in six boys and one
in four girls will experience sexual assault before the age of 18. On campus, one in five women and
one in sixteen men are sexually assaulted during their time in college.
The theme of this year's Sexual Awareness Month is "Raise Your Voice". The campaign informs
individuals how they can use their words to stop sexual violence before it happens by promoting safety,
respect, and equality. Our words shape the world around us, whether you speak out against locker
room talk or help someone better understand these issues. Your voice is powerful and necessary in
this conversation.
Individuals can raise their voices to show their support for survivors,stand up to victim blaming, shut
down rape jokes, correct harmful misconceptions,promote every day consent, and practice healthy
communication with children.
I join advocates and communities across the country in taking action to prevent sexual violence. April
is Sexual AssaultAwareness Month and each day of the year is an opportunity to create change for the
future.
Signed by Garret L.Nancolas on behalf Caldwell City Council and the City of Caldwell.
B. Proclamation: Prevention of ChildAbuse andNeglect
Mayor Nancolas read the proclamation into the record:
WHEREAS,Nearly 18,000 children in Idaho are reported as abused or neglected every year;and
WHEREAS, Child abuse prevention is a community responsibility and finding solutions depends on
involvement among all people;and
WHEREAS, Communities must make every effort to promote programs that benefit children and their
families;and
WHEREAS,Effective child abuse prevention programs succeed because of partnerships among agencies,
schools,faith based organizations,law enforcement agencies,and the business community;and
WHEREAS, everyone in the community should become more aware of child abuse prevention and
consider helping parents raise their children in a safe,nurturing environment;and
WHEREAS, a statewide "Pinwheels for Prevention"campaign has been launched through the media,
public schools,libraries,social service agencies,and businesses during the month of April to celebrate and
bring awareness of the great potential of all children;and
WHEREAS, the "Pinwheels for Prevention" campaign includes the planting of"Pinwheel Gardens"
celebrating community partnerships for strengthening the family and protecting all children from abuse
and neglect.
NOW, THEREFORE,I Garret L.Nancolas,Mayor of the City of Caldwell,ID,do hereby proclaim the
month of April 2018 as Child Abuse Prevention Month In Caldwell and urge all citizens to work
together to help reduce child abuse and neglect significantly to ensure all children have a safe and healthy
future.
BOOK 59 PAGE 47
Kim Dugan of Advocates Against Family Violence accepted both proclamations from Mayor
Nancolas. She expressed appreciation for the support of the City of Caldwell concerning community-
based programs,which take a stand against family violence.
C. Autumn Hume from the Muscular DystronhyAssociation reQardinQ "Fill the Boot"
Ms.Hume provided an update on the progress in the tight against Muscular Dystrophy. In 2017 the
Caldwell firefighters raised approximately $15,000 through the "Fill the Boot Campaign". She
announced that on May 17 and 18 the firefighters will be conducting the"Fill the Boot"campaign in
Caldwell.
D. Caldwell High School American Government Class:
The Mayor acknowledged Cheryl Adams, Caldwell High School American Government teacher.
Each of the students in attendance stood and introduced themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on
April 9,2018;The Caldwell Industrial Airport Commission Meeting held on April 5,2018; the
Caldwell Design Review Commission Meeting held on July 25, 2017, October 3, 2017, and
November 21, 2017; and the Caldwell Historic Preservation Commission Meeting held on
February 28,2018;
2. Approve Resolution No. 111-18 declaring City-owned equipment as surplus property associated
with the Caldwell Police Department for disposition by public auction;
3. Approve request accepting the resignation of John Klockentager from the Caldwell Golf Board;
4. Approve Resolution No. 112-18 authorizing the execution of a Community Development Block
Grant(CDBG) Subrecipient Agreement with Reel Theater located at 913 Arthur Street for sign
purchase assistance in the amount of$7,500.00;
5. Approve Resolution No. 113-18 authorizing the execution of a Community Development Block
Grant(CDBG)Subrecipient Agreement with Destination Caldwell at 106 South Kimball for sign
purchase assistance in the amount of$6,274.00;
6. Approve Resolution No. 114-18 authorizing the execution of a Community Development Block
Grant (CDBG) Subrecipient Agreement with the Caldwell Public Works Department for
environmental assessment work related to the Indian Creek Pathway Extension to the Greenbelt in
the amount of$69,000.00;
7. Approve Resolution No. 115-18 authorizing the execution of an Independent Contractor
Agreement with Elizabeth McNannay doing business as Resource Consultants for projected
associated with administrating the Community Development Block Grant(CDBG)and for work
directly related to analysis of impediments and fair housing/lead based paint activities;
8. Approve Resolution No. 116-18 authorizing the purchase of 475 street lights in the amount of
$185,269.99 pursuant to Idaho Code Title 67,Chapter 28,Section 3, Subsection(1)for the LED
street lighting replacement project;
9. Approve Resolution No. 117-18 accepting an Easement from Jacksons Food Store Inc. for a
domestic water main line service for Jacksons Food Store#149;
10. Approve Resolution No. 118-18 accepting an Easement from Jacksons Food Store Inc. for a
sidewalk to provide pedestrian access for Jacksons Food Store#149;
11. Approve Resolution No. 119-18 accepting an Quitclaim Deed from Jacksons Food Store Inc.for
right-of-way frontage for Jacksons Food Store#149;
12. Approve Resolution No. 120-18 accepting the Dedication of water facilities for domestic water
improvements from Jacksons Food Store Inc.for Jacksons Food Store#149;
13. Approve Resolution No. 121-18 accepting the Dedication of pressure irrigation and street light
facilities from Sienna Hills Development Corporation for Sienna Hills Subdivision Phase No.6;
14. Approve Resolution No. 122-18 accepting the Dedication of pressure irrigation main lines from
SRBC,LLC for Sky Ranch Lot 4;
15. Approve Resolution 123-18 accepting the Temporary Utility Easement for pressure irrigation
main lines from Corey Barton for Virginia Park No.9 Subdivision;
16. Approve Resolution 124-18 accepting the Temporary Utility Easement for the operation and
maintenance of domestic water and sewer main lines for Virginia park No.9 Subdivision;
17. Approve Resolution 125-18 accepting the Temporary Utility Easement for water main lines from
Challenger Development,Inc.for Virginia Park No.9 Subdivision;
18. Approve Resolution No. 126-18 accepting the Dedication of sewer main and water main facilities
from 21"&Chicago,LLC for the College Market Place Subdivision;
19. Approve Resolution No. 127-18 accepting the Dedication of sewer,water,storm drain,and street
light facilities from Hayden Homes Idaho,LLC for the Heritage Meadows No.2 Subdivision;
20. Approve Resolution No. 128-18 authorizing the execution of the Display Agreement with
Homeland Fireworks,Inc.for the July 4,2018 event at Brother's Park in the amount of$30,000
with a deposit of$18,000 due on or before May 10,2018;
BOOK 59 PAGE 48
21. Approve request accepting the resignation of Carlos Soriano from the Caldwell Planning &
Zoning Commission.
MOVED by Pollard,SECONDED by Hopper to approve the Consent Calendar as printed.
Roll call vote:Those voting yes: Pollard,Stadick,Allgood,Hopper,and Callsen. Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(PUBLIC HEARING(QUASI-JUDICIAL): CASE# ZON-18-01 & SUB-18P-01.A REQUEST BY
TRILOGY DEVELOPMENT AND KRISTI WATKINS TO REZONE 18.12 ACRES, MORE OR
LESS, FROM R-I (LOW DENSITY RESIDENTIAL) TO R-2 (MEDIUM DENSITY
RESIDENTIAL), A COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY
RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT, AND FOR PRELIMINARY PLAT APPROVAL OF DOVER PLACE
SUBDIVISION CONSISTING OF 18.2 ACRES,MORE OR LESS,TO BE SUBDIVIDED INTO 67
RESIDENTIAL LOTS AND 10 COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED AT
THE NORTHWEST CORNER OF WARD ROAD AND SKYWAY STREET IN CALDWELL,
IDAHO)
Mayor Nancolas declared the public hearing open and outlined the quasi-judicial procedure. The City
Clerk swore in those who would be providing public testimony.
Jarom Wagoner,621 Cleveland Blvd.,acknowledged being sworn in and provided the staff report. He
outlined the facts as written noting that a portion of the current plat was originally included in the Delaware
Park Subdivision preliminary plat. A pedestrian, all-weather pathway has been added for adequate
connectivity within the subdivision and the surrounding area. The reason for the request from R-1 to R-2
zoning is to continue with the existing overall density design of the area The lots are slightly larger than
the R-1 subdivision located to the west. The density rate is 3.7 units per acre. The property has frontage
on both Ward Road and Skyway Street,which are both collectors. Improvements to both of these frontages
is outlined within the staff report. The request is in compliance with the Comprehensive Plan with the
changes as requested.
In response to questions from Mayor Nancolas, Brent Orton reported that Skyway is currently under
construction. The project should be completed this summer allowing for more connectivity within the area.
In response to questions from Councilman Allgood,Mr.Wagoner stated that the lots will be similar to the
surrounding subdivisions. All residences will be single-family dwellings.
In response to questions from Councilman Stadick, Mr. Wagoner noted that approximately eight (8)
percent of the overall site will be developed into open space within the subdivision.
Kristi Watkins, JUB Engieners, Inc., 2505 S.Beechwood Avenue, Boise, acknowledged being sworn in
and spoke in support of the application. She emphasized that the lots would be identical to those in
surrounding neighborhoods, so the market value will be comparable. The open space includes such
amenities as landscape buffers, pathways, and a playground. She stated that they concur with the
standards outlined within the staff report.
In response to questions from Dennis Callsen,Ms.Watkins agreed that the pathway allows children to walk
to the neighboring school.
In response to questions from Councilman Stadick,Ms.Watkins stated that the cost of playground area is
covered initially by the developer and then will be turned over the HOA for upkeep. The playground
would be provided early within the construction process.
MOVED by Stadick,SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-18-01&SUB-I8P-01:
The Mayor presented the Evidence List:staff report,sign-up sheets,and the aerial of ZON-18-01.
MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
BOOK 59 PAGE 49
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-18-01:
MOVED by Callsen, SECONDED by Hopper 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-18-01:
MOVED by Hopper,SECONDED by Allgood 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 all adopted City
standards,ordinances,and code were used in evaluating the application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ZON-18-01:
MOVED by Allgood,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-18-01:
MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No. ZON-18-01 a request by Kristi Watkins and
Trilogy Development to rezone 18.12 acres,more or less from R-1 (Low Density Residential)to
R-2 (Medium Density Residential), a Comprehensive Plan Map Change from Low Density
Residential to Medium Density Residential with a Development Agreement, for the property
located at the northwest coiner of Ward Road and Skyway Street in Caldwell,Idaho,is approved
with the conditions of approval outlined within the staff report.
Roll call vote. Those voting yes: Pollard,Stadick,Allgood,Hopper,and Callsen,. Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.SUB-I8P-01:
MOVED by Callsen, SECONDED by Hopper 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-18P-01:
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 City
ordinances,standards,and codes were used to evaluate the application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.SUB-18P-01:
MOVED by Hopper,SECONDED by Callsen 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-I8P-01:
MOVED by Allgood,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case No.Based on the Findings of Fact and Conclusions of
Law,the Caldwell City Council hereby orders that Case Number SUB-18P-01 a request by Kristi
Watkins and Trilogy Development for Preliminary Plat approval of Dover Place Subdivision
consisting of 67 residential lots and 10 common lots is approved with the conditions as outlined
within the staff report.
Roll call vote. Those voting yes: Allgood,Hopper,Callsen,Pollard and Stadick,Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
MOVED by Hopper,SECONDED by Allgood to close the public hearing.
MOTION CARRIED
BOOK 59 PAGE 50
CONSIDER BILL NO. 01 (ORDINANCE NO. 3131) FOR CASE NO. ZON-18-01 (TRILOGY
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 R-2(MEDIUM DENSITY RESIDENTIAL)ZONE;DETERMINING
THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,
CANYON COUNTY,IDAHO;DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING
DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Pollard,SECONDED by Allgood to waive the three reading process and consider Bill No.01
(Ordinance No.3 13 1)on its first reading by title only.
Roll call vote:Those voting yes:Pollard,Stadick,Allgood,Hopper,and Callsen. Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 01(Ordinance No. 3131),move for its
passage by title only and approve the summary for publication.
Roll call vote:Those voting yes: Pollard,Stadick,Allgood,Hopper,and Callsen. Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
CONSIDER BILL NO. 15 (ORDINANCE NO. 3145) FOR THE ANNEXATION INTO THE
CALDWELL MUNICIPAL IRRIGATION DISTRICT OF 4003 SKYWAY STREET(PARCEL NO.
R1489515100, INSTRUMENT NUMBER 201717671) WITH A REQUEST TO WAIVE THE
RULES AND PASS ON THE FIRST READING.
Brent Orton,Public Works Director at 621 Cleveland Boulevard,provided the staff report noting that the
application requested annexation into the Caldwell Municipal Irrigation District.
The Mayor read the ordinance by title only:
AN ORDINANCE OF THE CITY OF CALDWELL,IDAHO,ANNEXING A PORTION OF PROPERTY
WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE
BOUNDARIES THEREOF;DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP
ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND
APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND
PROVIDING AN EFFECTIVE DATE.
MOVED by Callsen,SECONDED by Hopper to waive the three reading process and consider Bill No. 15
(Ordinance No.3145)on its first reading by title only.
Roll call vote:Those voting yes:Callsen,Pollard, Stadick,Allgood,and Hopper. Those voting no:none.
Absent and/or not voting:Ozuna.
MOTION CARRIED
MOVED by Callsen,SECONDED by Hopper to sponsor Bill No. 15(Ordinance No.3145)and move for
its passage by title only.
Roll call vote:Those voting yes: Callsen,Pollard,Stadick,Allgood,and Hopper. Those voting no:none.
Absent and/or not voting:Ozuna,
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of$2,872,642.73 for the period ending April 12, 2018 and a net payroll of$422,229.04 for the
period ending March 31,2018.
MOVED by Allgood, SECONDED by Hopper accounts payable in the amount of $2,872,642.73
represented by check numbers 130057 through 130302 and payroll in the amount of $422,229.04
represented by check numbers 32256 through 32366 and direct deposits be accepted,payments approved,
and vouchers filed in the office of the City Clerk.
MOTION CARRIED
BOOK 59 PAGE 51
(COUNCIL COMMENTS)
Councilman Stadick announced that the grand opening of the Caldwell Veterans Memorial Hall will be
held on May 1,2018 at 5:30 p.m.
(MAYOR'S COMMENTS)
Mayor Nancolas acknowledged the many volunteers concerning the completion of the Caldwell Veteran
Memorial Hall. The estimated cost to restore the building has been approximately$1.7 million.
The Mayor reported on the opening of Wolfe Field this past weekend. Staff will be bringing forth a plan
for the stadium lights to be installed within the next two of years.
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Pollard to adjourn at 7:57 p.m.
MOTION CARRIED
APPROVED AS written THIS Th DAY OF May 2018.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk