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Home My WebLink About2018-06-04 City Council Minutes Regular MeetingBOOK 59 PAGE 69 SPECIAL MEETING WORKSHOP Caldwell City Council Monday, June 4, 2018 6:30 P.M. WORKSHOP TO DISCUSS AMENDMENTS TO CALDWELL CITY CODE 09-07-13(1) REGARDING PARKING LIMITATIONS IN THE DOWNTOWN AREA. Those in attendance: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. Mayor Nancolas was not present. City Council President, Dennis Callsen, opened the workshop. Brian Billingsley, Planning & Zoning Director at 621 Cleveland Boulevard, provided the staff report outlining the contents to the proposed ordinance. He noted that downtown off-street parking has been extended along the railroad tracks. The ordinance extends the downtown parking from two hours to three hours during the hours of 8 am to 5 pm, Monday through Friday. In response to questions from Councilman Pollard, Mr. Billingsley stated that the Caldwell Police Department would enforce the ordinance. Councilman Pollard expressed concern that the three hour limitation is of concern with business owners for clients obtaining services wh ich would extend past that time period. Councilman Hopper expressed concern regarding employe es being cited within the public, off-street parking areas such as the along the railroad. Councilman Allgood stated that in the past, the Caldwell Police Department only enforced the on-street parking areas. Discussion followed. Councilman Hopper stated that possibly metered parking should be considered and/or exclusions of timed parking for designated parking areas. Councilman Callsen suggested that the railroad parking area be utilized for downtown employees and therefore be exempt from time restraints. Councilman Stadick recommended that employees be provided with a permit for their vehicle dash. Ken Wilson, co-owner of the Rubaiyat Bookstore, expressed his concern regarding the lack of ADA parking spaces in the downtown area. He recommended that a survey be conducted of the ADA spaces and that additional handicapped parking be made available. Melissa Nodzu of Destination Caldwell concurred with previous comments regarding the need for additional handicapped parking, especially near the Indian Creek Plaza area. Amy Perry, co-owner of Rubaiyat Bookstore, expressed her concern regarding safety issues for merchants and employees parking along the railroad track after dark. Will there be additional police coverage within the downtown for secure the safety of individuals walking to their vehicles? Councilman Hopper recommended that there be a specified drop-off zone at the Indian Creek Plaza. The workshop dismissed at 6:56 p.m. REGULAR MEETING Caldwell City Council Monday, June 4, 2018 7:00 P.M. City Council President, Dennis Callsen, opened the meeting and welcomed those in attendance. He reported that a workshop was held at 6:30 p.m. regar ding the downtown parking issue and that no decisions were made or action taken. He noted that Mayor Nancolas was on vacation with this family. Pastor Jim Porter of the Free Methodist Church provided the invocation. The Council President 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. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS BOOK 59 PAGE 70 None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Pollard, SECONDED by Allgood to remove Item #3 under New Business dealing with Ordinance No. 3148 and downtown parking issues noting that the document needs further review and amendments per the discussion and recommendations brought forward within the workshop held this evening. An amended ordinance should be brought back for consideration. MOTION CARRIED AUDIENCE PARTICIPATION Cynthia Ripke-Kutsaguitz, 3523 E. Linden Street, Apt. 305, reported that she recently made improvements to a flowerbed located at the Caldwell Library to include patriotic décor. She reported that the flowerbed has repeatedly been vandalized. In trying to file a police report today regarding the vandalism, she was told that Lacey Welt, Director of the Caldwell Library, must file the report . She provided a hand-out regarding honoring the flag. CONSENT CALENDAR 1) Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on May 21, 2018; the Special City Council Budget Workshop held on May 22, 2018; and the Caldwell Senior Center Board Special Meeting held on May 23, 2018; 2) Approve the appointment of Rex Hanson to the Library Board of Trustees for a term to expire December 31, 2022; 3) Approve Resolution No. 162-18 declaring surplus property of golf carts from Purple Sage Golf Course for the purpose of trade-in for new golf carts; 4) Approve Resolution No. 163-18 authorizing the execution of a Lease Agreement for Storage with Destination Caldwell for real property and improvements located at 119 South Kimball Avenue; 5) Approve Resolution No. 164-18 authorizing the execution of an Interstate Private Line Transport Services Pricing Plan Acknowledgement with Century Link for DS1 lines located at 110 Sout h 5th Avenue (Caldwell Police Department); 6) Approve Resolution No. 165-18 authorizing the execution of a Consent to Use Agreement with Bureau of Reclamation Department of Interior for the Dixie Drain Culvert Project cover College Avenue; 7) Approve Resolution No. 158-18 accepting a Quitclaim Deed from Keylock Storage for right-of- way frontage along Middleton Road; 8) Approve Resolution No. 159-18 accepting a Quitclaim Deed from Latitude 43 Holdings LLC for right-of-way frontage along Farmway Road; 9) Approve Resolution No. 160-18 accepting the Dedication of sewer main lines from Capitol Distributing, Inc. associated with the Sewer Extension Jackson’s Distribution Center Project; 10) Approve Resolution No. 161-18 accepting the Dedication of sewer, water, pressure, irrigation, storm drain and street light improvements from Windsor Creek Properties LLC for Windsor Creek East No. 1 Subdivision; 11) Approve Resolution No. 166-18 authorizing the purchase of a Cushman utility vehicle from RMT Equipment in the amount of $14,495.00 for use by the Cemetery Department as approved within the FY-2018 budget; 12) Approve Resolution No. 167-18 authorizing the acceptance of the Award of Bid to Barrett Site & Underground in the amount of $72,850.00 for the Wastewater Treatment Plant North Lagoon Cement Floor Project. MOVED by Pollard, SECONDED by Hopper to approve the Consent Calendar as printed. 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 # ANN-18-01 & SUB-18P-03. A REQUEST BY TRILOGY DEVELOPMENT AND KRISTI WATKINS TO ANNEX 37.2 ACRES, MORE OR LESS, WITH AN R-2 [MEDIUM DENSITY RESIDENTIAL] ZONING DESIGNATION WITH A DEVELOPMENT AGREEMENT, AND FOR PRELIMINARY PLAT APPROVAL OF WAGON WHEEL SUBDIVISION CONSISTING OF 37.2 ACRES, MORE OR LESS, TO BE SUBDIVIDED INTO 146 RESIDENTIAL LOTS AND 8 COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF MIDDLETON ROAD AND SKYWAY STREET IN CALDWELL, IDAHO) City Council President Callsen explained the public hearing process and asked the City Clerk to swear in those who would be providing public testimony. BOOK 59 PAGE 71 Brian Billingsley, Planning & Zoning Director at 621 Cleveland Boulevard, acknowledged being sworn in and provided the staff report, outlining the facts as printed. Right-of-way improvements include a pathway along the Noble Drain, a 25-foot landscape buffer along Middleton Road and Skyway Street. and curb, gutter, and sidewalk. A public hearing was held before the Hearing Examiner on May 8, 2018 and was approved. A development agreement is included with the annexation request. In accordance with the development agreement, the housing units will be single-family residential. Multi-family units are only allowed through the acquisition of a special use permit. Mr. Billingsley provided a copy of the aerial map (CC-1000) and the subdivision plat map (CC-1001). Councilman Stadick addressed recommendations outlined within the staff report by Idaho Transportation Department. Discussion followed with responses by Brian Billingsley and Robb MacDonald. Kristi Watkins, JUB Engineers at 250 South Beechwood, Boise, acknowledged being sworn in and stated that the developer concurs with the staff report and the conditions of approval. She report that slight modifications have been made to the plat map dealing with right-of-way needed to construct the Middleton Road roundabout. The re-configuration of the lots on the southeast corner of the development will reflect the modifications. The lot count will not change and the common space will be increased slightly due to the changes. The revised plat will be provided to staff before the development agreement is executed and recorded. In response to questions from Council President Callsen, City Attorney Maren Erickson stated that the changes do not reflect a substantial change to the plat design and therefore no additional action is needed. Chris Allgood posed questions to Ms. Watkins and Robb MacDonald regarding the traffic study. MOVED by Allgood, SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN-18-01 and SUB-18P-03: The Mayor presented the Evidence List: staff report, sign -up sheets, and items presented by Brian Billingsley: aerial map (CC-1000) and the plat map (CC-1001). MOVED by Hopper, SECONDED by Ozuna to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-18-01: MOVED by Hopper, 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-18-01: MOVED by Allgood, SECONDED by Hopper 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. ANN-18-01: 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. ANN-18-01: MOVED by Pollard, SECONDED by Hopper based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ANN-18-01 a request by Kristi Watkins and Trilogy Development to annex 37.2 acres, more or less with an R-2 (Medium Density Residential), with a Development Agreement, for the property located at the northwest corner of Middleton Road and Skyway Street in Caldwell, Idaho, is approved with the conditions as outlined within the staff report. 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 COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-18P-03: BOOK 59 PAGE 72 MOVED by Hopper, SECONDED by Allgood 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-03: MOVED by Allgood, SECONDED by Hopper 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. SUB-18P-03: 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-18P-03: MOVED by Pollard, SECONDED by Hopper based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-18P-03 a request by Kristi Watkins and Trilogy Development for Preliminary Plat approval of Wagon Wheel Subdivision consisting of 146 residential lots and 8 common lots is approved with the conditions as outlined within the staff report. 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 MOVED by Hopper, SECONDED by Stadick to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 11 [ORDINANCE NO. 3141] FOR CASE NO. ANN-18-01 (WAGON WHEEL ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The City Council President 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, STAT E OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R-2 (MEDIUM-DENSITY RESIDENTIAL) 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 Pollard, SECONDED by Hopper to waive the three reading process and consider Bill No. 11 (Ordinance No. 3141) on its first reading by title only. 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 MOVED by Pollard, SECONDED by Hopper to sponsor Bill No. 11 (Ordinance No. 3141), move for its passage by title only, and approve the summary for publication. 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 THE FIRST READING BY TITLE ONLY: BILL NO. 18 [ORDINANCE NO. 3148] AMENDING THE CALDWELL CITY CODE 09-07-13[1] REGARDING PARKING LIMITATIONS IN THE DOWNTOWN AREA) This item was previously removed from the agenda by motion. (CONSIDER THE FIRST READING BY TITLE ONLY: BILL NO. 27 [ORDINANCE NO. 3157] AMENDING THE CALDWELL CITY CODE 06-07-35 PERTAINING TO ALCOHOL BEVERAGE CATERING PERMITS, 06-23-01 PERTAINING TO SPECIAL EVENT PERMITS, BOOK 59 PAGE 73 ADDING 06-23-02 ALLOWING PRE-APPROVED SPECIAL EVENT VENUES, AND AMENDING 08-07-07 AND 08-07-09 PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND PERMITS ISSUED BY THE CITY OF CALDWELL) The City Council President read the ordinance by title only: ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, ARTICLE 7, SECTION 06-07-35, OF THE CALDWELL CITY CODE, PERTAINING TO ALCOHOL BEVERAGE CATERING PERMITS, AND CHAPTER 6, ARTICLE 23, SECTION 06-23-01 OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL EVENT PERMITS; ADDING CHAPTER 6, ARTICLE 23, SECTION 06-23-02 TO THE CALDWELL CITY CODE, ALLOWING PRE-APPROVED SPECIAL EVENT VENUES; AMENDING CHAPTER 8, ARTICLE 7, SECTIONS 08 -07-07 AND 08- 07-09 OF THE CALDWELL CIT Y CODE, PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND PERMITS ISSUED BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Maren Erickson, City Attorney, reported that no substantial changes have been made to the ordinance since the last workshop held on May 7, 2018. She noted that the ordinance includes changes as recommended by City Council at that workshop. MOVED by Hopper, SECONDED by Allgood to consider Bill No. 27 (Ordinance No. 3157) 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the amount of $1,640,841.78 for the period ending May 31, 2018 and a net payroll of $334,449.31 for the period ending May 26, 2018. MOVED by Pollard, SECONDED by Hopper to accept accounts payable in the amount of $1,640,841.78 represented by check numbers 130862 through 131133 and payroll in the amount of $334,449.31 represented by check numbers 32413 through 32438 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen reported that fire negotiations begin at 9:00 a.m. on June 7 , 2018. (MAYOR’S COMMENTS) None. (ADJOURNMENT) MOVED by Hopper, SECONDED by Allgood to adjourn at 7: 44 p.m. MOTION CARRIED APPROVED AS written THIS 18th DAY OF June , 2018. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk