HomeMy WebLinkAbout2019-04-01 city council minutes SPEC 1ALL CITY COUNCI MEETING
WORKSHOP
Monday,AprilI,2019
30 PM
WORKSHOP TO DISCUSS A PROPOSED ORDINANCE AMENDING CHAPTER 10,,ARTICLE 12, SECTIONS
10-1 -03 AND I0-I - 4 OF THE CALDW LL CITY CODE, PERTAINING TO, CERTAIN' USES CURRENTLY
PERMITTED SPECIAL USES WITHIN THE CITY CENTER ZONING DISTRICT.
I T.
CALDWELL
REGULAR CITY COUNCIL MEETING
( INN A
Monday,April 1,2019
7t00 PM
INVOCATION OFFERED BY REVEREND I RFTT SIEGAI.JKOFFOF THE FIRST BAPTIST CHURCH.
Pt.,EDG F OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTAT
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: I'ALL C.'ON,�'FNTC,,4LFNDARI,TFMS'AREA(I'TION17,f,'41,,YI
. Approve,acceptance ofthe minutes of the City Council Meeting held on arch 18,2019 and the Caldwell Planning
Zoning;Commission Meeting held on February 1 ,r? '191,-
2. Approve the Orderof Decision for Case No. U -1 F-02(Adai,ns Ridge#2 Final Plat
Approve Resolution accepting an Easement from the Urban renewal Agency of the City of Caldwell for property
located on the vest side of Sriieed Parkway,north of Skyway Business Park subdivision(Park,'No.1 5 ° 1C 00011),
providin a corridor r for an{existing pressure irrigation line owned and n'laintained by the City of Caldwell;
., Approve Resolution olution ratifying the expenditure ofequipment part,required for repair to the liar screen at the Caldwell
Wastewater 1'reatment Plant I lead rk's Building in the amount of ' , 9.60;
. ApprOve the apperintnient of Kyle yle Keller as alternate oil the Planning&Zoning Commission;
6. Approve the appointment of Candy Kober to the Youth,Master Plan Committee f"or-a term to e Aire December 3 1,
2020
7. Approve the resignation request by Cindy Jordan from the YOUth Vaster Plan C"onimittee,
Approve Ides lUti n authorizing the purchase ofan Archival 'Services Integration n Tool fr rn MCCI for La erfiche
and ProjectDox Integration in the amount ref`$11,416.00 as approved in the 2019 fiscal budget for use by the
Building Department;
9. Approve Resolution accepting the Award,of Bid f-oni ASCU, Inc. in the aniourit of 1.7,044.00 for coil Crete remo al
and replacement at the ald ell'Train Depot-,
10, Approve Resolution accepting,a Quitclaim Geed from fig River, for fixture right-of-way development along
Amber Stee r,
1 .Approve Resolution authorizing the execution of a SUbsurface 3cotechnical Investigation Proposal fi-oni,Materials
1'esting& Inspection for geotechnical engineering support services for the 21" Avenue Sever Lift Station Bypass
Project.
OLD BUSINESS:
None,
NEW BUSINESS:
1. AC770N ITE"M Public tearing, (Quasi—Judicial) — Case o. Sf.11 -1 P- 1 (Highlight Estates): A request by
Whispering Pines Development and Caleb LaC'lair for Preliminary flat approval of -Highlight Estates Subdivision
consisting of 16.5 acres,more or less, to be subdivided into 50 residential lots and 5 common lots. 'fhe subject
property is located on the north side of 1..lstick Road approximately 400 feet vest of the intersection of Meadow
Avenue and Ustick R.oa.d(Parcel P to 0 p ),in Caldwell,Idaho.
". .A '"T10, TE31: Finance Report acceptance.
. Council Reports.,
4, 'layer's C oinments.
A. Adjournment.
Next Regular City louncil Meeting is on Monday,A aril,15 20119 at :00 p.m.in the C ornlllLrrlity l.00rn at the Caldwell Police
Station at l l 0 SOLAII Fifth.Any person neecling special accomniodations to patlicipa re in the niecting should contact the City Clerk a,t
4l 1 Blaine Street or call 4551-4656 prior to,the rr eetin,. Fhe entire agendas. pac:et and minutes can be viewed on the City of,
Caldwell';, rel iie:wwwxityokaldwell.com. Cuarlquier persona clue necesita,arre los especiarles para.pa:rticiparr en la rer.rnic'rl debe
cOrrUnicarwe con el Secretario de Mar C'ttaclad err 411 Blaine Street cab Ila mic ail#455 a 4656 antes s de la reLIM011.
Pale I ot,'
BOOK 60
4
CITY COUNCIL WORKSHOP
April 1,2019
6:30 P.M.
Mayor Nancolas opened the workshop at 6:30 p.m.
Council Members Present: Callsen,Pollard,Stadick,Allgood,Ozuna,and Hopper.
Staff Members Present: Doug Waterman(City Attorney);Jerome Mapp(Planning&Zoning Interim Director),
and Jarom Wagoner(Senior Planner).
Doug Waterman,City Attorney at 1303 12t'Avenue Road,Nampa,presented the staff report by outlining the
contents of the proposed ordinance. He noted that the ordinance would disallow a few special use business uses
that are currently permitted for the downtown zone,specifically bail bonds,single purpose bar/tavern,tobacco
shops,and liquor stores. Discussion centered on definitions for each category,if existing businesses would be
grandfathered, and how establishments such as micro-breweries,sports bars,and wine-tasting establishments
would be defined and categorized.
Jarom Wagoner,Senior Planner at 621 Cleveland Boulevard,further commented that requests have been made
by CBD oil and natural hemp product businesses wanting to locate downtown. He recommended that this
matter also be considered.
Mayor Nancolas recommended that those in attendance provide their thoughts and concerns to Jerome Mapp,
Douglas Waterman or himself.
The workshop dismissed at 6:55 p.m.
REGULAR MEETING
April 1,2019
7:00 P.M.
Mayor Nancolas opened the meeting at 7.00 p.m.and welcomed those in attendance.
Reverend Brett Siegalkoff of the First Baptist Church provided the invocation. Mayor Nancolas led the
audience in the Pledge of Allegiance to the Flag.
The Roll of the City Council was called by the Deputy City Clerk with the following members present:
Callsen,Hopper,Pollard,Stadick,Allgood,and Ozuna.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
Chief Wendelsdorf recognized firefighters who performed heroic rescue efforts on October 3,2017
and December 7,201 S. The following firefighters were acknowledged: Bud Bryso,Shane Arak,Joe
Toney,William Gigray,Chad Vinyard,Eric Nye,Corey Worwood,Daniel Garcia,rose Martinez,Bob
Black,Richard Carico,Greg Cobb,Jordan Lowe,and Gino Galli.
Mayor Nancolas expressed his appreciation for Chief Wendelsdorf reporting on the extraordinary
circumstances, bringing these incidents to the attention of the public, and recognizing the brave
individuals who serve our community.
Dennis Callsen commented on the recent legislation allowing PTSD assistance for Idaho firefighters.
AUDIENCE PARTICIPATION
Firework Safetv Concerifs and Downtown Pedestrian Tra ar hrues:
Tammy Dittenber, 2220 Arlington Avenue, expressed her concern regarding two items. First, she
addressed the dangers of fireworks in the City of Caldwell around July 4. She noted that her backyard
could not be used during the July 4 season due to surrounding residents setting off fireworks,mortars,
and aerial fireworks. The aerial fireworks damaged their patio cover,solar pool cover,charred their
concrete, and firework remains were located on the roof of their home. She explained that the
excessive use of illegal fireworks causes concern and constant monitoring of their home for possible
damages. She noted that two years ago she researched through public records requests the immense
number of safety service dispatch calls during the July 4 season.
Secondly,she reported that while she was at the Flying M coffee shop today,she counted 87 cars out
of 100 that did not stop at the stop sign located at Arthur Street&Kimball Avenue and 27 drivers did
BOOK 60 PAGE 3 S
not even slow down for the intersection. She expressed concerns for pedestrian safety since this is a
heavily traveled area by pedestrians within the downtown.
The Mayor thanked Ms.Dittenber and noted that the Kimball&Arthur intersection information will
be discussed within the Appointed Officials Meeting to be held on Tuesday,April 2nd. He noted that
unfortunately, the aerial firework retail and usage situation is addressed on a state -level and
enforcement of this illegal activity is difficult for all cities. Several unsuccessful discussions have
been held within the legislature over the past few years to amend the statute concerning this matter.
Introduction of Deputy City Clerk Angie Point.-
The]Mayor reported that City Clerk Debbie Geyer was absent from the office for the next two weeks
due to medical reasons. He acknowledged Deputy City Clerk Angie Point who was filling in for Ms.
Geyer during her absence.
CONSENT CALENDAR: [All Consent Calendar items are considered action items]
I. Approve acceptance of the minutes of the City Council Meeting held on March 18,2019 and the
Caldwell Planning&Zoning Commission Meeting held on February 12,2019;
2. Approve the Order of Decision for Case No.SUB-19F-02(Adams Ridge#2 Final Plat);
3. Appr-eve Resolution aceepting a-it Easement fi!etn !he Urban Renewal Ageney of the Ghl�, of
ider for-an existing pf!essur-e k4gation line
evvned and maintained by the of Caldwell;[DUPLICATE ENTRY: SEE RES 87-19 AND
E-1102-19]
4. Approve Resolution No.91-19 ratifying the expenditure of equipment parts required for repair to
the bar screen at the Caldwell Wastewater Treatment Plant Headworks Building in the amount of
$29,089.60;
5. Approve the appointment of Kyle Feller as alternate on the Planning&Zoning Commission;
6. Approve the appointment of Candy Kober to the Youth Master Plan Committee for a term to
expire December 31,2020;
7. Approve the resignation request by Cindy Jordan from the Youth Master Plan Committee;
8. Approve Resolution No.92-19 authorizing the purchase of an Archival Services Integration Tool
from MCCI for Laserfiche and ProjectDox Integration in the amount of$11,416.00 as approved in
the 2019 fiscal budget for use by the Building Department;
9. Approve Resolution No. 93-19 accepting the Award of Bid from ASC, Inc. in the amount of
$17,044.00 for concrete removal and replacement at the Caldwell Train Depot;
10.Approve Resolution No.94-19 accepting a Quitclaim Deed from Big River,LLC for future right-
of-way development along Amber Street;
11.Approve Resolution No. 90-19 authorizing the execution of a Subsurface Geotechnical
Investigation Proposal from Materials Testing&Inspection for geotechnical engineering support
services for the 21'Avenue Sewer Lift Station Bypass Project.
MOVED by Pollard,SECONDED by Hopper to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Callsen, and Hopper, Those
voting no:none. Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(ACTION ITEM: PUBLIC HEARING IQUASI-JUDICIAL] — CASE NO. SUS-I9P-01
(HIGHLIGHT ESTATES]: A REQUEST BY WHISPERING PINES DEVELOPMENT AND
CALEB LACLAIR FOR PRELIMINARY PLAT APPROVAL OF HIGHLIGHT ESTATES
SUBDIVISION CONSISTING OF 16.5 ACRES,MORE OR LESS,TO BE SUBDIVIDED INTO
50 RESIDENTIAL LOTS AND 5 COMMON LOTS. THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF USTICK ROAD APPROXIMATELY 400 FEET
WEST OF THE INTERSECTION OF MEADOW AVENUE AND USTICK ROAD [PARCEL
R35680000001 IN CALDWELL,IDAHO)
(Mayor Nancolas explained the quasi-judicial process and asked the Deputy City Clerk to swear in
those who would be providing public testimony. The Mayor declared the public hearing open.
Jarotn Wagoner,621 Cleveland Blvd.,acknowledged being sworn in and outlined the contents of the
staff report. He noted that the request was for preliminary plat approval for the R-1 zoned parcel. The
parcel fronts Ustick Road,Easy Street and Dewey Street. Frontage improvements would be required
as outlined within the staff report,including the out parcel.
BOOK 60 PAGE 39
John Carpenter of T-O Engineering at 332 North Broadmore,Nampa,acknowledged being sworn in
and spoke in favor of the request. He reported that the project is located on the north side of Ustick-
Road,.halfway between 101 Avenue and Farmway Road.Southgate Subdivision,which is located east
of the subject property,was platted in the 1970's with community wells,individual septic tanks and
drain fields.Later,due to a failed water system,the Southgate Subdivision was annexed into the City
of Caldwell and services were extended to the site. The proposed subdivision will have City services
brought to the site, which will afford the opportunity of other residences within the immediate area
connecting to these services as well. The parcel was annexed and zoned R-1 in October 204 8. The
development allows for approximately twelve(12)percent open space (the minimum amount is five
(5)percent). Each street will have landscaped street buffers and a pedestrian-pathway is included
within the subdivision. The developer has worked with the neighbors to address any concerns. Mr.
Carpenter stated that right-of-way improvements would be made concerning the out parcel. He
requested approval of the request as presented.
In response to questions from Councilman Allgood, Mr. Carpenter provided history concerning the
referenced irrigation lateral. He noted that the designated strip of property would remain to preserve
irrigation for the existing property sites. The developer will improve the lateral.
Mike Grimm,5303 Weston,signed in support of the request but did not provide testimony.
Gary Allington at 818 W Ustick,acknowledged being sworn in and spoke as neutral to the request. He
noted that his property is the outparcel as referenced within the staff report. He noted that the lateral
strip of property to the west of the site is used for flood irrigation purposes. He expressed concern
regarding traffic congestion with the development.
In response to questions from Mayor Nancolas,Mr.Allington reported that Wilder Irrigation District
supplies irrigation to the site. The irrigation lateral provides irrigation to the entire .Southgate
Subdivision.
Gregg Allington at 709 W Ustick,acknowledged being sworn in and spoke as neutral to the request.
He expressed concern that the existing subdivisions within the surrounding area have much larger lots
than the proposed development. He expressed concern with using Ustick Road for a temporary access
point during construction.
Merlin Means at 916 W Ustick,acknowledged being sworn in and spoke as neutral to the request. He
noted that his residence is located less than 300 feet from the proposed development. He questioned if
he would be mandated to annex into the City.
Mayor Nancolas responded that no forced annexations have taken place since he has served as Mayor.
Annexation requests have been voluntary.
Mr. Means also inquired as to the.dotted line on the plat map,which would be across the Huffman
property. The Mayor clarified that the-only access points to the subdivision would be off Dewey and
Easy Streets. There would be no access to the development off Ustick Road.
Melvin"Dean"Huffman,expressed his concern with the poor acoustics within the room. He stated the
need for Ustick Road to be widened due to the excess traffic.The average speed of traffic is 45 to 60
miles per hour,rather than the posted 3 5 miles per hour speed limit.
The Mayor reported that the long range plan for Ustick Road improvements is for five(5)lanes. A
portion of Ustick Road would be widened in association with the proposed development.
r.Huffman stated concern with the overload usage of the irrigation ditch by the subdivisions within
the area. He also questioned the source of potable water by the residents.
The Mayor clarified that the potable water would be provided by the City and not through individual
wells.
In rebuttal, John Carpenter,reported that the irrigation water is provided through Wilder Irrigation
District and water could become limited near the end of the irrigation season. Water rights for a
supplemental irrigation well has been approved, which will protect the exiting users. A portion of
Ustick Road would be widened due to the development. A temporary access to Ustick Road for
construction traffic will assist the neighbors and help to protect the existing roads within the proposed
subdivision.
In response to comments from Councilman Stadick, Mr. Carpenter clarified that the development is
entirely single-family homes.
In response to questions concerning maintenance of the irrigation parcel,Mr.Carpenter reported that
the sliver of ground is owned by the developer and will be improved and maintained as a common lot
through the homeowner's association.
BOOK 60
PAGE 40
MOVED by Pollard,SECONDED by Stadick to close the public testimony portion of the hearing.
g
EVIDENCE LIST FOR CASE NO.SUB-I9P-01: MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign-up sheets,the aerial of SUB-19P-01,and
CC-1000(the packet of information presented by Mr.Carpenter).
MOVED by Callsen,SECONDED by Hopper to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.SUB-19P-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.SUB-19P-o 1:
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.
CONCLUSIONS OF LAW ON CASE NO.SUB-19P-o1: MOTION CARRIED
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.
ORDER OF DECISION ON CASE NO.SUB-19P-0I: MOTION CARRIED
MOVED by Pollard,SECONDED by Allgood based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No.SUB-19P-01 a Preliminary Plat for Highlight
Estates Subdivision,consisting.of50 residential lots and five common lots on 16.48 acres more or less
in an R-1Low Densiesental _zon is
� �'Residential)--zone� approved with the conditions of approval as outlined
within the staff report.
Roll call note. Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no:none. Absent andlor'not-voting:none.
MOTION CARRIED
MOVED by Stadick,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(F"INANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of$2,277,486.I7 for the period ending March 26,2019,a net payroll of$347,699.18 for the
pay period ending March 16,2019.
N40VED by Pollard,SECONDED by Hopper that accounts payable in the amount of$2,277,486.17
represented by check numbers 136649 through 1369I1 and payroll in the amount of$347,699.18
represented by check numbers 33335 through 33354 and direct deposits be accepted, payments
approved and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
In response to questions regarding the citizen complaint about the subdivision frontage property along
Marble Front Road, the Mayor provided an update reported. Research that was conducted by staff and
legal counsel. He noted that the homeowners association for the subdivision was dissolved. Maren
Erickson from the City Attorney's Office has sent a request to the homeowner's association requesting that
the frontage be maintained. The City is not desirous of setting a precedent of maintaining subdivision
properties once the HOA has been dissolved. The issue is pending response from the HOA.
(MAYOR'S COMMENTS)
The College of Idaho omen's Softball Team had a doubleheader game on March 23. Safety Services
(Caldwell Police Department and Caldwell-Fire Department) collaborated with the College of Idaho
support the event with their attendance. g °to
BOOK 6'O PAGE 41
Q,2-CfM�d!Zg Ellents:
A cereniony will be held on Saturday, April 6,2019 at Memorial Park.at 10:00 am.to honor the
Caldwell Baseball Association volunteers.
• A, state bowling tournament will be held at Ca,ldwell Bowl on Saturday, April 6, 2019 at 10�:30
a.ni
• "rhe C llege of Idrho Signing Day,event will be on Friday,April 12,20 19 at 4,00 p.m.
next Regularly Scheduled City Council Meeting will be held,on Mot—day,April 15,201.9,at
p.tn.
(ADJOURNMENT)
MOVED by Stadick,SECONDED by 0ZLIna to aqjourn at 8:2,0 p.rn-
W)"FION CARRIED
APPROVE"D AS written THIS 15111, DAY
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