HomeMy WebLinkAbout2018-12-17 City Council Minutes Regular MeetingBOOK 59 PAGE 159
REGULAR MEETING
Caldwell City Council
Monday, December 17, 2018
7:00 P.M.
Mayor Nancolas opened the meeting and welcomed those in attendance. Reverend Jim Porter of the
Caldwell Free 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, Allgood, Ozuna, and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Annual Update Report: Caldwell Veterans Council
Terry Harrell, Chairman of the Caldwell Veterans Council, provided an update report concerning
the Caldwell Veterans Memorial Hall. He provided a handout outlining various projects,
programs, budget (annual operating budget estimates), services, and events underway at the
Caldwell Veterans Memorial Hall. He noted that the monthly operating budget consists of
approximately $2,000 in expenses. He recognized the ongoing partnerships with the Disabled
American Veterans, Hire Heroes USA, American Legion, Team Rubicon, Idaho Veterans
Services, Veterans of Foreign War, Ride for 22, Mission 43, and the City of Caldwell.
In response to questions from Councilman Pollard, Mr. Harrell reported that the two offices
available for rent in the basement are currently occupied.
The Mayor expressed his appreciation to Mr. Harrell and the CVC Board Members for their
outstanding accomplishments at the Caldwell Veterans Memorial Hall.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR [All Consent Calendar items are action items]
1. Approve the minutes of the Regularly Scheduled City Council Meeting held on December 3, 2018;
the Mayor’s Youth Advisory Council Meeting held on November 7, 2018; the Caldwell Youth
Forum Meeting held on October 2, 2018; the Caldwell Housing Authority Meetings held on
September 21, 2018 and November 9, 2018;
2. Approve Resolution No. 358-18 authorizing the execution of a contract with A.S.C., Inc. to construct
two trash enclosures in the amount of $102,300.00 in downtown Caldwell;
3. Approve Resolution No. 359-18 accepting an Easement from GC Storage, LLC for a domestic water
line across a portion of their property to provide water service at 417 Laster Street;
4. Approve Resolution No. 360-18 accepting the dedication of sewer, water, storm drain, pressure
irrigation and street light facilities from Sienna Hills Development Corporation for Sienna Hills
Subdivision Phase No. 7;
5. Approve Resolution No. 361-18 authorizing the acceptance of an Agreement for Deferral of Public
Improvement Construction Regarding Individual Lot Development with Autumn Gold Senior
Services for frontage property located at 1404 Monte Vista Drive;
6. Approve Resolution No. 362-18 accepting an Easement from Dina Consulting and Design LLC for a
water line across a portion of their property to provide water service for 208 Storage located at 4105
Nelson Lane;
7. Approve Resolution No. 363-18 accepting an Easement from Tim Clemens for a water line across a
portion of their property to provide water service for 208 Storage located at 4105 Nelson Lane;
8. Approve Resolution No. 364-18 accepting a Right-of-Way Encroachment Agreement with Clinton
Jay Wilson for property known as 1619 Main Street (Parcel #R0115900000);
9. Approve Resolution No. 365-18 accepting the dedication of sewer, water, street lights and certain
storm drain facilities in the right-of-way from GC Storage Development for their facilities at 417
Laster Street;
10. Approve Resolution No. 366-18 accepting a Quitclaim Deed from GC Storage, LLC to
accommodate the development at 10th Avenue and Laster Street;
11. Approve Resolution No. 367-18 authorizing the trustees of the City of Caldwell Employee Benefit
Plan Trust to execute the State of Work Agreement with Mercer Health & Benefits LLC;
12. Approve Resolution No. 368-18 authorizing the execution of the ATM Site Location Agreement
with Mobile Cash for ATM services at Purple Sage Golf Course, Caldwell Events Center, Indi an
Creek Plaza and any temporary locations when ATM services are needed;
BOOK 59 PAGE 160
13. Approve Resolution No. 369-18 authorizing the dedication of street lights from Cold Steel Properties
LLC located within public right -of-way in accordance with procedures established in Resolution No.
4-94;
14. Approve Resolution No. 370-18 authorizing the purchase of a 2019 John Deere 245G Excavator
from Sourcewell in the amount of $246,243.00 pursuant to Idaho Code, Title 67, Chapter 28, Section
3(7) for use by the Street Department;
15. Approve Resolution No. 371-18 authorizing the purchase of wireless headset radios from Metroquip
in the amount of $15,186.00 pursuant to Idaho Code 67 -2803 as appropriated in the FY-2019 Budget
for use in the Street Department;
16. Approve Resolution 372-18 ratifying the purchase of ten antique street lights in the amount
$32,680.00 from Electrical Wholesale pursuant to Idaho Code 67 -2806 as appropriated in the FY-
2019 Budget for use by the Street Department;
17. Approve Resolution No. 373-18 authorizing the addition of a new school resource officer position
for the Caldwell Police Department for FY-2019 to be placed at Elevate Academy;
18. Approve Resolution No. 357-18 opposing Canyon County Zoning Case No. CU2018-0015;
19. Approve Resolution No. 374-18 authorizing the certification and execution of the 2018 Annual Road
and Street Financial Report;
20. Approve Resolution No. 375-18 authorizing the execution of an agreement with Vallivue School
District No. 139 for The School Resource Officer Program.
MOVED by Pollard, SECONDED by Stadick 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
(ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL] CASE NO. ZON-18-09: A REQUEST
BY MIKE KANE & COLD STEEL PROPERTIES TO REZONE 5.56 ACRES, MORE OR LESS,
FROM C-4 [HIGHWAY COMMERCIAL] TO M-1 [LIGHT INDUSTRIAL]. THE SUBJECT
PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF AVIATION WAY AND
SKYWAY AVENUE (PARCEL # R3530501200) IN CALDWELL, IDAHO)
The Mayor outlined the quasi-judicial process for the two public hearings scheduled for tonight. He asked
the City Clerk to swear in those who would be providing public testimony.
Jarom Wagoner, 621 Cleveland Boulevard, acknowledged being sworn in and outlined the contents of the
staff report. He provided an aerial map outlining the subject area. He noted that the request is in
compliance with Caldwell’s Comprehensive Plan.
Mike Kane, 19212 Gold Finch Way acknowledged being sworn in and spoke in favor of the request. He
noted that he is the owner of the Cold Steel business, which recently purchased property from the Urban
Renewal Agency and relocated their business to Caldwell. The subject parcel was purchased for future
development/business expansion.
MOVED by Callsen, SECONDED by Pollard to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON-18-09:
The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000 (aerial map of ZON-18-
09).
MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-18-09:
MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
BOOK 59 PAGE 161
FINDINGS OF FACT ON CASE NO. ZON-18-09:
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, the evidence list, and all City codes and ordinances used in
evaluating the application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN-17-03:
MOVED by Ozuna, 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. ZON-18-09:
MOVED by Callsen, SECONDED byAllgood based on the Findings and Conclusions of Law, the Caldwell
City Council hereby orders that Case Number ZON-18-09 a request by Mike Kane & Cold Steel Properties
to rezone 5.56 acres, more or less, from C -4 (Highway Commercial) to M-1 (Light Industrial) for the
property located at the southeast corner of Aviation Way and Skyway Avenue (Parcel #R3530501200) in
Caldwell, Idaho is approved with the conditions as outlined in the staff report.
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 Allgood, SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 52 [ORDINANCE NO. 3182] FOR CASE NO. ZON-18-09
[COLD STEEL 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 CACLDWELL, COUNTY OF CANYON, STSATE OF IDAO, 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 NAD PLANNING AND ZONING
DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITIY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 52
(Ordinance No. 3182) 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 Hopper to sponsor Bill No. 52 (Ordinance No. 3182), 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
(ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ANN-18-09: A REQUEST
BY ROGER & DONNA GOFF TO ANNEX 18.75 ACRES, MORE OR LESS, WITH AN R-1 [LOW
DENSITY RESIDENTIAL] ZONING DESIGNATION WITH A DEVELOPMENT AGREEMENT.
THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF MARBLE FRONT ROAD
APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF BRIDGEPORT AVENUE
[PARCEL R3512001000] IN CALDWELL, IDAHO)
Jarom Wagoner, 621 Cleveland Boulevard, acknowledged being sworn in and outlined the contents of the
staff report.
Brent Orton, 621 Cleveland Boulevard, addressed questions from Councilman Hopper regarding the
omission of City services being brought to the site.
BOOK 59 PAGE 162
Councilman Hopper expressed his concern about approving any waivers eliminating City services being
brought to the site. He stated that any such action would create an ‘country enclave” within the city limits.
Discussion followed concerning if the parcel is contiguous to Caldwell City Limits and therefore eligible
for annexation by standards enforced by the Idaho Tax Commission.
Mr. Orton noted that the request is for the acreage to be divided into larger lots for single-family
residences. A deferral agreement could only be allowed if provisions stated within the City of Caldwell
Infrastructure Policy are met addressing frontage improvements and city services to the site.
Councilman Callsen expressed concern regarding the lack of available water to the site for firefighting
measures, if needed.
Discussion followed concerning the outparcel abutting the site. Mr. Wagoner reported that the outparcel is
not owned by the applicant. Mr. Hopper noted that the annexation request appears to not meet the
qualifications as required by the Idaho Tax Commission.
In response to questions from Councilman Hopper, Aaron Seable, City Attorney, recommended that the
annexation request be reviewed by the Idaho Tax Commission for clarification of eligibility of the
annexation request.
In response to questions from Councilman Callsen, Mr. Wagoner confirmed that there are no other
available connections with other parcels for the annexation beyond the southeast corner as proposed.
Jay Walker, 849 E. State Street, Eagle, acknowledged being sworn in and he spoke in favor of the request.
He provided a PowerPoint presentation, which the Mayor labeled as CC -1000. He noted that a
development agreement would be put in place. The Hearing Examiner recommended its approval on
November 13, 2018.
In response to questions from Councilman Hopper, Mr. Walker concurred that the outparcel is not owned
by the applicant and therefore was not included within the application. Mr. Hopper stated that the plan
does not allow sufficient right-of-way improvements.
In response to questions from Councilman Stadick, Mr. Wagoner reported that th e parties north of Marble
Front are on individual septic systems.
The Mayor recommended that the public hearing be continued to the next City Council Meeting to allow
additional research to be conducted by City staff concerning the compliance of the of the annexation
request with the Idaho Tax Commission statues.
Mr. Walker requested that his comments be included on the record noting that it was the applicant’s
understanding (from discussions with City staff) that the annexation request was in agreement with
annexation requirements. The applicant has spent a significant amount of money in preparation of the
mapping, engineering, surveys, and other studies with the understanding that there was a legal touch. He
asked if recommendation(s) could be made by the applicant contingent upon the findings by City sta ff?
Mr. Seable stated that Council could act on the annexation tonight contingent on the findings from the
Idaho Tax Commission or the public hearing and ordinance could be continued.
The Mayor reported that there was no additional persons signed up to provide public testimony. No
rebuttal comments were offered.
Council Members Allgood, Stadick and Callsen commented on the diversity of the design but noted that
further research is needed regarding the eligibility of the annexation.
MOVED by Callsen, SECONDED by Hopper to leave the public testimony portion of the hearing open and
continue the hearing to the next Regularly Scheduled City Council Meeting to be held on January 7, 2019
at 7:00 p.m. allowing City staff members the ability to review the annexation request with the Idaho Tax
Commission concerning its legality.
MOTION CARRIED
In response to questions from Councilman Callsen, Mr. Wagoner clarified that if the annexation is not
eligible, the public hearing may be further continued by the applicant.
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
The Mayor explained that no contact is allowed with members of the City Council during the continuance
due to the quasi-judicial nature of the public hearing.
BOOK 59 PAGE 163
(ACTION ITEM: CONSIDER BILL NO. 50 [ORDINANCE NO. 3180] FOR CASE NO. ANN-18-09
[GOFF ANNEXATION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
This item was continued under separate motion (ANN-18-09) to the next Regularly Scheduled City Council
Meeting to be held on January 7, 2019.
(ACTION ITEM: CONSIDER BILL NO. 61 [ORDINANCE NO. 3191] TO ANNEX HERITAGE
MEADOWS NO. 3 AND VOYAGE CROSSING NORTH NO. 1 SUBDIVISIONS LOCATED
WITHIN THE CALDWELL CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
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 TH E
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 Pollard, SECONDED by Hopper to waive the three reading process and consider Bill No. 61
(Ordinance No. 3191) 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. 61 (Ordinance No. 3191), 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
ACTION ITEM: CONSIDER BILL NO. 62 (ORDINANCE NO. 3192) TO ANNEX SIENNA HILLS
NO. 7 SUBDIVISION LOCATED WITHIN THE CALDWELL CITY LIMITS INTO THE
CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE
RULES AND PASS ON THE FIRST READING.
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 Allgood to waive the three reading process and consider Bill No. 62
(Ordinance No. 3192) 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 Allgood to sponsor Bill No. 62 (Ordinance No. 3192), 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
(ACTION ITEM: FINANCE REPORT ACCEPTANCE)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,639,912.37 for the period ending December 12, 2018 and a net payroll of $330,941.37 for the
period ending November 24, 2018.
BOOK 59 PAGE 164
MOVED by Allgood, SECONDED by Stadick to accept accounts payable in the amount of $1,639,912.37
represented by check numbers 134939 through 135205 and payroll in the amount of $330,941.37
represented by check numbers 32963 through 32978 and direct deposits be accepted, payments approved,
and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
The Council Members wished everyone a Merry Christmas.
(MAYOR’S COMMENTS)
The Mayor announced that Dar Johnson recently retired from the Caldwell Fire Department.
Upcoming Events:
December 18: City of Caldwell Employee Christmas Dinner at the O’Connor Field House.
December 19: Singing Christmas Tree Event at the Indian Creek Plaza starting at 6:00 p.m.
The Mayor provided an update regarding the d owntown temporary vendors issue, which was discussed
under Audience Participation at the December 3, 2018 City Council Meeting. He reported that meetings
have been held with City departmental staff, the interested business owners, Destination Caldwell, and the
Chamber of Commerce. Ideas have been discussed to resolve any confusion concerning the matter.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Allgood to adjourn at 8:35 p.m.
MOTION CARRIED
APPROVED AS written THIS 7th DAY OF January , 2019.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk