HomeMy WebLinkAbout2019-06-03 CITY COUNCIL MINUTES REGULAR CITY COUNCIL M B E'rING
AGENDA
Monday Jnurna 3,2019
7:O1 PM
INVOCATION OFFERED BYREVEREND RON CLEGG OF NEW LIFE CELEBRATION CHURCH OF
OD.
PLEDGE OF ALLEGIANCE rl,0 THE FLAG.
ROLL CALL,
CONFLICTOF INTEREST DECLARATION.
SPECIAL PlIESENTATIONS.
' . U date lZep rt on tla' 1 84 En iron mental Project- Idaho,.F r�aua portatir�aaa l partment
AUDIENCE PARTICIPATION.
CONSENT CALENDAR AFL ONV.,N "C ND R l 'F.MSw , R ,A TON FM,,V
1. Approve acceptance of the niinutes of the City Cotirici) Meetingheld on May 20,,'' 1 ,the City Council
Midget Workshop held on May.21,2019,tlae revisedCityCotincil Bu dg t'vVor sh p minute fro i fa r
, 19;flee Senior Citizen Center Coninlission Special Meeting held on January 31,201 ;-the Caldwell
l listoric Preservation,Coraimi sio a Meetit,,ig laeld on March' ,2019-and the Calrlw 11.Planning&Zoning
Conit-n ission Meeting held, April 9,2,01
2. Approve Resolution No. 13 1 accepting a Warranty Deed from Ferry are l.Anda Weymouth preViOLISly.
knowt'ias 824 Alba,ny Street;
3. Approve Resolution No. 13 -1 9 accepting are Easement from New McProperties lJX to provide
irri
gation service for Heritage Meadows Phase 3 SUb °iion
4.. Approve R,esola.rtiora No, '1 9_1 acceptingthe Nwa d of Bid from,Cannon, Bui ld r , Inc. in,the r run of
89 7_.1.70 for tile r paair of deteriorated surface pants of the 1 Cl"'Avenue r r rpaa .
OLD BUSINESS:
1 W ACTION,ITEM: Pu li l-1 arirag Quasi-Judicial): Case No. ANN-l 8- 9- A request d Roger& Donna
nn
wpm Goff to annex 18.75 acres,more r less,,with an R 1 (1,taw Density Residential)zoning designation with a.
Development Agreement. ruin subject property is located on the north side of Marble F rc;arat Road
approxinlalel r 1,100, feet east f' the iiitersection of Bridgeport enu (Parcel 1. 1 001 000) ill
Caldwell, Idaho. 41)pfi ant hi-ts request d that th* it nt,be confi ttt d to the Regular y Sche(l",Ied Q
r mind Meeti rg to be held on. ,t gii t 5,,20,19 at :00 fir.m.)
2. ACTION' ITEM,,, Consider Bill No, 50 (Ordinance No. 1 ) lµu.r Case No. N-18-09 (Goff
Annexation), with a r as. t,to waivethe rL11CS, pass rare the lir- t reading, and approve the uauaaaralaar y fo
r
publication. (AplVicant ha.v regttevet that thbv t i t' be ctrnfin ed to the Regritlarly Scheiduled Qy
Co uncil,31eefing to be helif on A tt, ust 5 2019 at .00 p. r.
NEWBUSINESS:
°ACTION IT 'M. _ .ppointraa rat of the City ofCaldwell Planning&Zoning Director.
r.
ACTION' ITEM- Public Hearing pursuant to Idaho Code 0-1 pu concerning as request by J-U-
Engineers,for vacation of unopened ri ht- l-wa,associated with a portion of Spruwu e Street.
M ACTI N ITEM Consider r bill No.24( r°dinanceNo.3216),forthevacation ofunopetied,right-of-way
associated with a portion of Spruce Street with as request to waive the rustles and pass n tile,first reading.
4. ACTION ITEM: Public Fl ari a, (Qua i-Judi ial): Case 'No. U1: 19P-02: A request by Endurance
I'lloldings, 1,1,,C and. Katie hiller for P"relirninar ° Plat approval oaf 'Earl l front M t,,jbdi i i n consistingof
62.6 acres, niore or less, to be subdivided into 187 residential late and 17 common lots, The sub"cc t
pr ol)ert is',located at the southwest corner of KCID Road and Marble l Front Road d in Caldwell,,Idaho.
. ACTION,ITT Public Fl arin (Quasi-Judicial): .'aa. o'. A P-1 0 : A request by Cald-well School
District trict to,appeal the Planning& Zoi,iitlig Con.mlissions, decision to approve "a File 4 SUP-19-07, a
special-usepermit � p � � R assort within the R-1 (I.,
ow Density era
Residential ", property rate� - e v
rr�u;r r� ra a ,r�ra rant era �:.
a � r.araura �^rtrr�t. 1"1fa� ul+�t r located at the rrtla�� t star of ratrra Way and
Maarlal l'r rrt Road,in Caldwell,Idaho.
6. ACTION ITEM- Finance Report acceptance.
7. Council l por .
8. Mayor's Comments.
. 101ur au ient,
Next Regular City Council Meeting i as 1"o,n,,la rc Ja n,e 17, 20 at :00 pan. in the Community muuaity Room at the
Caldwell -�Police Station at 110 South Fifth. Any person needing special acconiniodations to participate in the niceting
should contact the City Clerk at 411 BlaineStreet or call,445,54656 prior to the raiceting.Tlie entire agenda part and
niinutes can be viewed on they City of "aal ll' ° l it : w,ww.city,ofealdwelLcom. Cual lui r persona r.r necesita
arreglos especial especiales,paraa particip r en la r uw ni6n debe conlunicarseon el Secretar,io de la Ciudad err 411 Blaine Street a
llaaine al 4,4, a4656 antes die la reunion.
Page l of I
BOOK 60 PAGE 63
CALDWELL CITY COUNCIL
REGULAR MEETING
MINUTES
June 3,2019
7:00 P.M.
Mayor Nancolas opened the meeting at 7:00 p.m.and welcomed those in attendance. Reverend.Tim Porter
of the Free Methodist 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 City Clerk with the following members present:Callsen,
Pollard,Stadick,Allgood,Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. 11 date Re ort on the I--S4 Environmental Pro'ect: Idaho Trans ortation De artment
Mark Campbell, GARVEE Project Manager of Idaho Transportation Department, provided a
PowerPoint presentation giving details of the I-84 widening project. Overpass bridges at Karcher
Road, Middleton, Ustick and Linden will be replaced. An environmental study is currently
underway for widening the 1-84 corridor and improving interchanges from Centennial Way to
Franklin Road. The installation of sound walls from Centennial Way(Exit 27)to City City/101
Avenue(Exit 28)is a feasibility. The receptors located within the subject area would be able to
vote on the sound walls. He announced that a public open house would be held on June 19,2019
from 4:00—6:30 p.m.(drop in)at the Caldwell Best Western at 908 Specht Avenue. Information
about the widening project is also available on the ITD website.
The Mayor expressed appreciation for the support of ITD for funding and executing the needed
improvements along I-84.
In response to questions from Councilman Callsen,Mr.Campbell reported that the overpasses at
Ustick and Middleton would be two-lanes—one in each direction. There will also be bike lanes
and sidewalks. There is allowance within the design to allow for widening as growth occurs.
In response to questions from Councilman Stadick, Mr. Campbell reported that contact will he
made with the property owners along I-84 where the proposed noise walls would be placed. The
noise walls would be installed if a majority of receptors approve of the plan.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR: [All Consent Calendar items are considered action items]
1. Approve acceptance of the minutes of the City Council Meeting held on May 20,2019,the City
Council Budget Workshop held on May 21,2019; the revised City Council Budget Workshop
minutes from May 7, 2019; the Senior Citizen Center Commission Special Meeting held on
January 31, 2019; the Caldwell Historic Preservation Commission Meeting held on March 27,
2019;and the Caldwell Planning&Zoning Commission Meeting held on April 9,2019;
2. Approve Resolution No. 137-19 accepting a Warranty Deed from Terry and Linda Weymouth
previously known as 824 Albany Street;
3. Approve Resolution No. 13 8-19 accepting an Easement from New McProperties LLC to provide
irrigation service for Heritage Meadows Phase#3 Subdivision;
4. Approve Resolution No. 139-19 accepting the Award of Bid from Cannon Builders, Inc. in the
amount of$289,373.70 for the repair of deteriorated surface parts of the 10"'Avenue overpass.
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 BUSYNESS
(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)
BOOK 60 PAGE 64
MOVED by Hopper,SECONDED by Allgood to continue the public hearing and the accompanying
Ordinance No.3180 to the Regularly Scheduled City Council Meeting to be held on August 5,2019 at
7:00 p.m.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO.50 [ORDINANCE NO.3180]FOR CASE NO.ANN-
I8-09(GUFF ANNEXATION}WITH A REQUEST TO WAIVE THE RULES,PASS ON THE
FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION)
This item was continued to August 5,2019 by previous mention.
NEW BUSINESS
ACTION ITEM: APPOINTMENT OF THE CITY OF CALDWELL PLANNING&ZONING
DIRECTOR.
The Mayor reported on the process followed in selecting the new Planning&Zoning Director. He
noted that an interview committee,which included members of the community,met with each of the
candidates. The recommendation from the interview committee was then forwarded to the Mayor for
the final recommendation to City Council. He noted that all appointed officials are appointed on an
annual basis by the Mayor and City Council.
The Mayor presented the name of Jerome Mapp for appointment as the Planning&Zoning Director
effective June 3,2019 until January 6,2020. r
Mr. Klapp expressed his appreciation for having the opportunity to serve as the Interim Planning&
Zoning Director and is looking forward to continuing with the City of Caldwell.
MOVED by Hopper, SECONDED by Pollard to approve the appointment of Jerome Mapp as the
Planning&Zoning Director for 2019.
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
(ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO CODE 50-1306A
CONCERNING A REQUEST BY J-U-B ENGINEERS FOR VACATION OF UNOPENED
RIGHT-OF-WAY ASSOCIATED WITH A PORTION OF SPRUCE STREET)
Brent Orton,Public Works Director at 621 Cleveland Boulevard,provided the staff report. He noted
that the subject roadway does not contain utilities. The public notification process was followed per
the Idaho Statue. He recommended approval of the request.
The Mayor noted that no one signed in to speak at the public hearing.
MOVED by Stadick,SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO.24[ORDINANCE NO.3216 FOR THE VACATION
OF UNOPENED RIGHT-OF-WAY ASSOCIATED WITH A PORTION OF SPRUCE STREET
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 COUNCIL OF THE CITY OF CALDWELL,IDAHO,RECITING
PETITION FOR VACATION OF UNOPENED RIGHT-OF-WAY FOR A PORTION OF SPRUCE
STREET; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING;
DETERMINING THAT VACATION OF SAID RIGHT-OF-WAY BE IN THE BEST INTEREST OF
THE CITY OF CALDWELL AND THAT SAID RIGHT-OF-WAY SHALL BE VACATED;
PROVIDING AN EFFECTIVE DATE.
MOVED by Pollard,SECONDED by Callsen to waive the three reading process and consider Bill No.
24(Ordinance No.3216)on its first reading by title only.
Roll calI 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 Callsen to sponsor Bill No.24(Ordinance No.3216),move for
its passage by title only,and approve the summary for publication.
BOOK 60 PAGE 65
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: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. SUB-19P-02: A
REQUEST BY ENDURANCE HOLDINGS,LLC AND KATIE MILLER FOR PRELIMINARY
PLAT APPROVAL OF MA.RBLEFRONT SUBDIVISION CONSISTING OF 62.6 ACRES,
MORE OR LESS,TO BE SUBDIVIDED INTO 187 RESIDENTIAL LOTS AND 17 COMMON
LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF
KCID ROAD AND MARBLE FRONT ROAD IN CALDWELL,IDAHO)
The Mayor explained the quasi-judicial public hearing process and asked the City Clerk to swear in
those who would be providing public testimony. He declared the public hearing open.
3arom Wagoner, Senior Planner at 621 Cleveland Boulevard, acknowledged being sworn in and
outlined the staff report as written. He noted that the application complies with the Comprehensive
Plan Map.
Councilman Hopper commented on the need for pathway connectivity within the development,
r.Wagoner noted that the Item No.9.4 within the staff report addresses the requirement for a paved
pathway along the Solomon Drain.
Katie Miller,4242 North Brookside Lane,Boise,Idaho(applicant)acknowledged being sworn in and
spoke in favor of the request. She noted that the development includes 187 single-family residential
lots and 17 common lots within an R-1 zoning designation. The request is for preliminary plat
approval. There is 8.2 acres of open space(13 percent)and three(3)parks. There are pathways and a
pedestrian bridge included within the plan. This is a five (5)phases development with an expected
build out of eight(8)years. There will be a variety of homes,single and two-story. Mayor labeled the
PowerPoint as CC-1000.
Shawn Brownlee, 9839 W. Cable Car Street, Boise signed in favor of the request but chose not to
speak.
Cindi Simpson,4500 Marblefront Road, acknowledged being sworn in and signed as neutral to the
development. She asked that the builder be held accountable for quality construction of the homes
within the proposed subdivision. She stated the residential design elements,-which have been
displayed within the public hearing,should be upheld by the contractor.
Alan Simpson, 4500 Marblefront Road, acknowledged being sworn in and signed as neutral to the
development. He noted that flood irrigation is used by the neighboring properties. How will be
sidewalks be affected with the collection of water from the flood irrigation?
Brent Orton, Public Works Director, reported that the developer would be required when the
construction drawings are submitted to the City for review to accommodate existing drainage and
supply rights to surrounding properties. This is required by Idaho State law.
Kirby Clendenen,4526 Marblefront Road,acknowledged being sworn in and signed as neutral to the
development. He stated his satisfaction that the developer providing R-1 zoning throughout the
proposed subdivision and that they have agreed to deed him the necessary ten-foot strip of property
providing access to his well. He expressed concern about safety issues with children having access to
the Solomon Drain.
Jarom Wagoner clarified that Item No.9.24 within the staff report speaks to the development being in
substantial compliance to Exhibit A-I 1 of Case File#SUB-I 9P-02.
In rebuttal, Katie Miller stated that the pricing of the homes would be in the range of$280,000 to
$400,000 and the size between 2,200 to 3,800 sq. ft. . The development will contain an HOA and
CC&R's to ensure that the community is well kept and maintains its value. She explained that the
development's boundary comes to the irrigation easement for the Solomon Drain. The plan is to fence
the pathway up to the Solomon Drain easement.
MOVED by Callsen,SECONDED by Stadick to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.SUB-19P-02:
The Mayor presented the Evidence List:staff report,sign-up sheets,aerial map of the subject property
and CC-1000(PowerPoint presented by Katie Miller).
MOVED by Callsen,SECONDED by Allgood to accept the Evidence List as presented.
BOOK 60 PAGE 66
MOTION CARRIED
COMPREHENSIVE.PLAN ANALYSIS FOR CASE NO.SUB-19P-02:
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-I9P-02:
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 that was presented.
_
CONCLUSIONS OF LAW ON CASE NO�SUB-19P-02: 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.
MOTION CARRIED
ORDER OF DECISION ON CASE NO.SUB-I9P-02:
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.SUB-19P-02 a request by Trilogy Development
and Katie Miller for Preliminary Plat approval of Marblefront Subdivision consisting of 62.6 acres,
more or less,to be subdivided into 187 residential lots for the property located at the southwest corner
of KCID Road and Marble Front Road in Caldwell,Idaho is approved with the conditions outlined in
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 Stadick,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIALI: CASE NO. APP-I9-02: A
REQUEST BY CALDWELL SCHOOL DISTRICT TO APPEAL THE PLANNING&ZONING
COMMISSION'S DECISION TO APPROVE CASE FILE # SUP-19-07, A SPECIAL-USE
PERMIT REQUEST TO CONSTRUCT AND OPERATE AN RV RESORT WITHIN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT. THE SUBJECT PROPERTY IS
LOCATED AT THE SOUTHWEST CORNER OF AVIATION WAY AND MARBLEFRONT
ROAD,IN CALDWELL,IDAHO)
The Mayor reviewed the public testimony process and declared the public hearing open,
Jarom Wagoner, Senior Planner at 621 Cleveland Boulevard acknowledged being sworn in and
outlined the staff report as written. He reported on the elements of the Comprehensive Plan that were
outlined within the staff report for the original special use permit. He rioted that City Council tonight
has the ability to uphold,amend,or overturn SUP-19-07.
In response to questions from Councilman Allgood,Mr.Wagoner reported that there would be a solid
six-foot fence installed along the perimeter of the development.
Jarom Wagoner read into the record a letter submitted by Larry & Tammie Mays in favor of the
appeal. The letter stated concern about additional traffic to the area and safety issues in association
with sex offenders possibly residing in the RV Resort.
The Mayor reported that Travis Manning sent an e-mail him and the City Council Members stating his
support of the appeaI and requesting that the original decision by the Planning&Zoning Commission
be overturned.
Cheryl Anderson,Caldwell School District at1 502 Fillmore,acknowledged being sworn in and spoke
in support of the appeal and that the original decision by the Planning&Zoning Commission be
overturned. She expressed concern regarding possible transient residents within the area without the
ability to track their background, the close proximity of the development to the.school, the risk of
potential sex offenders associating with the young students,and the lack of required entrances to the
development. Due to the lack for funding from the State of Idaho,there is no bussing for students
who live within 1.5 miles of Van Buren School. She noted traffic safety issues with the large vehicles
accessing the RV Resort along Marblefront,noting that many students travel that roadway to school on
a daily basis.
BOOK 60 PAGE 67 '
Councilman Hopper inquired if the Caldwell School District had spoken with the leadership of
Vallivue School District regarding their recent bond,,which was passed for the purpose of constructing
two schools(elementary`and middle school)near an existing'RV park.
s.Anderson reported that they have not spoken with the leadership at the Vallivue School District;
however,they have been in contact with the Star School District about their opposition to an RV park
being built in close proximity to a public school.
In response to questions from Councilman Stadick, Ms. Anderson reported that a registered'sex
offender could be at a location for seven days before they have to report to an entity. She expressed
her concern with sex predators and their potential contact with children. Permanent residents within a
community must register;however,due to the transient nature of an RV park,the community would
not know the background of the residents.
Tom Briten, Caldwell School District Board Member, 3005 Magnolia Street, acknowledged being r
sworn in and spoke in favor of the appeal requesting that the original decision by the Planning&
Zoning Commission be overturned. He expressed concern regarding the safety of the children and the
potential risk by not knowing the background of those residing at the RV Resort. He stated that the
underlying use of the parcel is for profit by the owner.
Shalene French,Superintendent of the Caldwell School District at 1501 Fillmore Street,acknowledged
being sworn in and spoke in favor of the appeal requesting that the original decision by the Planning&
Zoning Commission be overturned. She stated that as the School District Superintendent she has a
moral imperative to look after the safety of students. Camera safety systems have been installed at all
schools because of known school tragedies throughout the nation. There is concern with sexual
predators watching children travel to and from school and observing school playgrounds. She noted
that the transient nature of the residents within an RV park should be of concern when considering the
safety of the students.
Charles Stout,Caldwell District Board Member, 1504 Teton Avenue,acknowledged being sworn in
and spoke in favor of the appeal with the original decision being overturned. He stated his concern
regarding the safety of children in association with possible transient residents within the proposed RV
Resort. He inquired if the RV Resort could be converted to a mobile home park,if the venture fails
for the owner.
In response,Jarom Wagoner reported that if the owner desires to convert the property to another use,it
would require a new application.
Mr. Stout referenced the City of Star and their recent decision to deny two separate requests for the
construction of an RV park near a middle school.
Mike Darning,25167 The Driving Lane was sworn in by the City Clerk and spoke in favor of the
appeal, noting that he concurred with previous testimony given by the Caldwell School District
representatives.
Theresa Harden,3107 Sunridge Drive,acknowledged being sworn in agreed with previous statements
in support of the appeal.
Travis Manning, 2012 Howard Avenue acknowledged being sworn in and spoke in support of the
appeal,noting that he concurred with previous testimony. He requested that any action be delayed
until contact has been made with the Vallivue School District as to their decision why they sought
property near an existing RV park.
Cindi Simpson, 4500 Marblefront Road, acknowledged being sworn in and spoke in support of the
appeal request. She noted the need for keeping the Marblefront area pristine with only R-1 zoning and
single-family residences. She expressed her concern with the possibility of sex trafficking and/or
pedophiles residing within the subject RV Resort. She asked that the special use permit be overturned.
Alan Simpson,4500 Marblefront Road,acknowledged being sworn and signed in favor ofthe appeal.
He chose not to speak.
Kirby Clendenin, 4520 Marblefront Road, acknowledged being sworn in and spoke in favor of the
appeal requesting that the original decision by the Planning&Zoning Commission be overturned. He
reported that the property sought by the Vallivue School District is surrounded by industrial uses,not
residential homes. He expressed concern with traffic issues and safety of the children.
Kathy Townsend,4604 Lincoln Road acknowledged being sworn in and spoke in favor of the appeal
and the original decision by the Planning&Zoning Commission being overturned.
Melissa Langan,Principal at Van Buren Elementary School,305 Crescent Drive acknowledged being
sworn in and spoke-in favor of the appeal requesting that the original decision by the Planning &
Zoning Commission be overturned. She noted the amount of foot traffic from the children traveling to
BOOK 60 PAGE 68
r
and from the school. She expressed concern regarding the risk of safety issues with children due to
the transient nature of those residing at the RV Resort. She also noted that there would be added traffic
to the area thus'affecting the children walking to and from school.
In response to questions from Councilman Callsen,Ms.Langan reported that.there is an Idaho State
law mandating sex offenders to register when they change addresses. There are school policies in
place as well including the requirement for all visitors on campus to check in at the school office and
identify themselves to school staff.
Gerald Langan,21 S W.Alaska Avenue acknowledged being sworn and in spoke favor of the appeal.
He reported that full-time kindergarten programs would be available at the Idaho school facilities this
year. He expressed his concern regarding the incompatibility of an RV park in the close proximity to
an elementary school.
r
Brian Allen,211 W. Alaska Avenue acknowledged being sworn in and spoke in favor of the appeal
requesting that the original decision of the Planning&Zoning Commission be overturned. He noted
the various residential developments,which have been recently approved within the surrounding area.
The proposed 225 spaces within the RV Resort will further congest traffic, particularly along Hwy.
20/26.
Brent Orton, Public Works Director at 621 Cleveland Boulevard reported on the recently approved
1TD upgrades to Hwy.20/26 to include signalization at Ward Lane and KCID Road. Negotiations
have been approved to start in 2021.
Patrick Fredrickson, 3004 E. Rosso Place, acknowledged being sworn in and spoke in favor of the
appeal and requested the overturn of the original decision by the Planning&Zoning Commission. He
commented on the necessity for two accesses to the RV Park for fire safety issues, the traffic
congestion within the area, and the development's incompatibility with the existing residential
community.
Daniel Roberts,3415 Marblefront Road acknowledged being sworn in and spoke in opposition to the
appeal. He reported that he had attended the Planning&Zoning Commission public hearing and felt
that the proceedings were professional and fair. He questioned the definition of a transient person by
those opposing the development, noting that there are registered sex offenders currently residing in
close proximity of Van Buren School. He clarified that the proposed development's access point is
along Aviation Way,not Marblefront. The second access to the RV Resort will remainlocked at all
times per requirements of the Planning&Zoning Commission. There will be six-foot privacy fence
around the entire development as well as a landscape buffer. He noted that residents from the existing
subdivision frequently violate the speed limit along Marblefront. The RV Park will not increase traffic
at the same rate as a subdivision. He recommended approval of the proposed RV Resort
development.
Mark Quenser,3320 Marblefront Road acknowledged being sworn in and spoke in opposition to the
appeal. Mr. Quenser reported that as owner of the parcel, he will continue to reside on site and
manage the development. He is a long-time resident of Caldwell and has farmed the subject parcel for
over 26 years. He noted his involvernent within the community as a long-standing citizen. He
reported that he spoke with the Vallivue School District Superintendent and noted that the school
district is not concerned with a school being in close proximity to an RV park.
Will Mason,Mason&Associates at 924 31d Street South,Nampa,acknowledged being sworn in and
spoke in opposition to the appeal. He noted that the development is in compliance with the Caldwell
City Code. He read a portion of the Federal Fair Housing Guidelines concerning non-biased and non-
prejudiced land-use practices. He noted that the proposed development is 575 feet from the corner of
the Van Buren School with a house located in between the two facilities. There will be a privacy fence
around the perimeter of the RV Resort, The access point along Aviation Way would be the well-
traveled route to the freeway and other applicable commercial businesses along the way. The second
access off Marblefront Road is a locked emergency entrance for safety services only. He noted that air
b&b's are being offered by homeowner within the Montecito Park Subdivision, There is no
background check requirements for the guests staying in the air b&b's. Improvements will be made
along Marblefront Road as outlined within the staff report. The Mayor labeled the PowerPoint as CC-
1006.
Angie Cuellor,Mason&Associates at 924 Yd Street,Nampa,acknowledged being sworn in and spoke
in opposition to the appeal. She reported that the decision made by the Star City Council to deny the
RV park was based on spot zoning,not because the RV park would be in close proximity to a school.
She provided a copy of the Star City Council Minutes,which the Mayor labeled as CC-1001. She read
into the record the Caldwell School District Bussing Policy(CSD Policy 7.10)regarding of students
living less than 1.5 miles from the school,which the Mayor labeled the document as CC-1002
s. Cuellor reported that she conducted a traffic study by her own observation at the Van Buren
School facility. She noted that there were crossing guards assisting children at the intersections of
BOOK 60. PAGE 69
arblefront Road,Bridgeport Avenue and Mission Vale Street. The Mayor labeled the document as
CC-1003.
She referenced the Idaho Statue Title 18—Chapter 83, noting that a sex offender must provide an
address change to the local authorities within two(2)days of changing address. The Mayor labeled
the document as CC-1004.
Ms.CuelIor concluded by stating that citizens cannot use fear or stereotype others to prevent someone
from developing their own property. This is a land-use issue,which meets the required standards.
In response to questions from Councilman Callsen,Ms.CuelIor reported that the private traffic study.
was conducted for one day.
The Mayor called for a short recess at 9:21 p.m. The meeting reconvened at 9:27 p.m.
Mike Kaplan,3323 Marblefront Road acknowledged being sworn in and spoke in opposition to the
appeal. He noted that the owner would continue to reside on site. He asked for clarification why
there is not bussing for the children who live within 1.5 miles of the school.
Councilman Hopper reported that the distance standards as established by the State of Idaho,must be
met for the school districts to receive reimbursement for bussing service.
Mr.Kaplan suggested that the school district staff members work with the State of Idaho to change the
policy if there are safety concerns with children walking to school.
Stew Welton,9500 Broken Arrow Lane,Star,signed in opposition to the request but did not speak.
Raleen Welton,9500 Broken Arrow Lane,Star,signed in opposition to the appeal and was sworn in by
the City Clerk. She provided 2017 statistics regarding crimes against children in the State of Idaho.
She reported that only one such crime was committed in a remote campground/RV park. She
emphasized that RV parks are filled with retired individuals or family-oriented individuals who like to
travel. West Ada School District was not opposed to the RV park that was proposed in the City of
Star.
In rebuttal,Cheryl Sanderson addressed testimony given about the Idaho Code and the time that a sex
offender must register with the local authorities. She noted that the Idaho State Statue allows sex
offenders to be in temporary housing for seven days before registering. She expressed concern about
the traffic issues involving the large,oversized recreational vehicles on the local roads.
The Mayor noted that he labeled the a-mail received from Travis Manning as CC-1005.
In response to questions from Councilman Stadick,Jarom Wagoner clarified that the second access at
the site is for emergency access use only by safety service personnel.
Councilman Callsen provided comments regarding the request emphasizing that property rights must
be considered as outlined within the Idaho State Statue and the Caldwell City Code. Laws regarding
sex offenders apply to those residing within any type of residential areas,including RV parks. Signage
could assist with keeping recreational vehicles off Marblefront Road, if necessary. The Planning&
Zoning Commission followed the land-use laws within the public hearing concerning this matter.
MOVED by Hopper,SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.APP-19-02:
The Mayor presented the Evidence List: staff report, sign-up sheets, documentation provided to the
Planning&Zoning Commission and the following exhibits:
CC-1000 Letter from Larry&Tammy Mays
CC-1001 Minutes from the Star City Council Meetings of November 20,2018 and May 7,2019
CC-I002 Caldwell School District Bussing Policy No.710
CC-1003 Van Buren Elementary School Traffic Study(May 23,2019)
CC-1004 Idaho Code Title 18-8306(Crimes&Punishments/Sexual Offender Registration)
CC-1005 E-mail by Travis Manning
CC-1006 PowerPoint from Will Mason
MOVED by Hopper,SECONDED by Allgood to accept the Evidence List as presented.
MOTION CARRIED
BOON 60 'AGE 70
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.APP-19-02:.
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.APP-I9-02:
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
there was.no additional evidence that would seem to indicate that evidence was ignored or:properly
considered.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.APP-19-02:
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.APP-19-02:
MOVED by Hopper,SECONDED by Allgood based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SUP-19-07, which was a request by Mary
Quenzer to operate an RV Resort within the R-1 (Low Density Residential)zoning district for the
properties located at the southwest corner of Aviation Way and Marblefront Road,in Caldwell,Idaho
(Parcel#'s R3512801040,.R3512800000,& R35128010A0) in Caldwell, Idaho, is upheld with the
conditions as outlined in the staff report.
Roll call vote. Those voting yes:. Hopper,Callsen,Stadick,Allgood, and Ozuna. Those voting no:
Pollard. Absent and/or not voting:none.
MOTION CARRIED
The Mayor reported that the Order of Decision would be provided by the City Attorney and placed on
the agenda on June 17, 2019 for City Council's consideration. At the approval of the Order of
Decision,a 28-day appeal period follows. No contact is allowed with members of City Council or the
Mayor during the appeal period.
MOVED by Callsen,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of$1,814,468.57 for the period ending May 29,2019,a net payroll of$358,225.05 for the pay
period ending May 11,2019.
MOVED by Pollard, SECONDED by Hopper that accounts payable in the amount of$1,814,468.57
represented by check numbers 138105 through 138345 and payroll in the amount of$358,225,05
represented by check numbers 33485 through 33499 and direct deposits be accepted, payments
approved and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
None.
(MAYOR'S COMMENTS)
The Mayor reported on the success of the local graduation ceremonies held during the past few weeks.
The City of Caldwell Police Department hosted the Special Olympics Event. The kick-off ceremony
took place on May 3 1" at the Caldwell Night Rodeo grounds.
The Mayor reported on the many families that came to view the Canyon County Cemetery for the
Memorial Day. He expressed appreciation to the staff members for excellent preparation of the
grounds for the many visitors.
Tpeomim Events:
June 4,2019 Budget Workshop at 6:00 p.m.
June 7,2019 Mayor's Youth Golf Scramble at Purple Sage Golf Course
June 8,2019 Family Fun Day at Whittenberger Park&Rotary Pond
B K6 0 PAGE71
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Allgoodto adjourn at,9�:55p.m.
MO"I"ION CARRIED
APPROVED.,, ri,tt r 'rH "1 DAY OF uu 19.
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