HomeMy WebLinkAbout2020-09-08 City Council Minutes Olt
CALDWELL
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday,September 8,2020
6:30 PM
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SECTION (D) FOR THE
IPURPOSE OF DISCUSSING RECORDS THAT ARE EXEMPT FROM DISCLOSURE PROVIDED IN
CHAPTER 1,TITLE 74,IDAHO CODE.
iiii
CALDWELL
REGULAR CITY COUNCIL MEETING
AGENDA
Tuesday,September 8,2020
7:00 PM
INVOCATION BY PASTOR DON BROWN OF THE CALDWELL FRIENDS CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
A. Proclamation: In support of the 2020 United States Census-Complete Count Campaign
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS]
1. Approve the minutes of the Caldwell City Council Regularly Scheduled Meeting held on August 17,2020,the City
of Caldwell Audit Committee Meeting held on January 27,2020; the Caldwell Youth Master Plan Committee held
on June 23,2020;and the Caldwell Historic Preservation Commission Meeting held on July 8,2020;
2. Approve the Order of Decision for Case No.AMD-20-03 (Fast Trac/Boos Development);
3. Approve request to waive the rental fee in the amount of$27,060.00 for use of the O'Connor Field House facility
by the Canyon County Elections Office to conduct early voting for the November Presidential Election from
October 13,2020 through October 30,2020;
4. Approve request for the transfer of an Alcohol Beverage License(liquor, beer, wine)at Topple's Fine Dining LCC
located at 801 Everett Street;
5. Approve Resolution accepting the Award of Bid in the amount of$118,358.00 to Clearwater Landscaping for
landscaping improvements at Caldwell Fire Station No. 3;
6. Approve Resolution authorizing the execution of a Deferral Agreement with Comfort Expert Heating & Air, Inc
for public improvements including sidewalk and street lights for frontage along 2917 Tinnin Lane;
7. Approve Resolution authorizing the purchase of equipment for the new Caldwell Wastewater Treatment Plan
Laboratory Building in the amount of$60,500.00;
8. Approve Resolution accepting the informal Award of Bid in the amount of$160,969.00 to LS Excavation for
sewer line in the alley from 16th Avenue to 15th Avenue between Arthur and Blaine Street;
9. Approve Resolution authorizing the purchase of a 2020 Chevrolet Equinox from Kendall Auto Mall in the amount
of$21,860.00 for use by the Recreation Department;
10. Approve Resolution authorizing the execution of a Service Agreement with JUB Engineers, Inc. for sewer lift
station design and construction standards in the amount of$18,765.00;
11. Approve Resolution authorizing the execution of the Addendum to Reimbursement Agreements with Power River,
Inc. and Arbor Ridge, LLC for extensions of the sewer reimbursement pertaining to the Blackhawk Sewer Lift
Station Project;
12. Approve Resolution declaring miscellaneous equipment and items from Caldwell Police Department as surplus
property with a request for disposition of such items by public auction and donation to Computers of Kids;
13. Approve Resolution authorizing the adoption of amendments to the City of Caldwell Pay Scale and Position Scale
with an effective date of October 1,2020;
14. Approve Resolution authorizing the adoption of amendments to the City of Caldwell Police Officer Pay Scale with
an effective date of October 1,2020;
15. Approve Resolution authorizing a 4.9 percent irrigation rate increase of the 2021 Irrigation Assessments, Estimate
of Expenses for the Irrigation System, Set Irrigation Assessments and Fees, and set the date for the Board of
Correction to meet March 8-10,2020 from 8:30 am to 5:00 pm at the Caldwell Water Office at 305 West Chicago;
Page 1 of 2
16. Approve Resolution authorizing the execution of the Right-of-Way Purchase Agreement in the amount of
$25,772.32 with Julene Landes for future right-of-way improvements along Smeed Parkway and Marblefront
Road;
17. Approve Resolution accepting a Quitclaim Deed from Julene Landes for property located on the southwest corner
of Smeed Parkway and Marblefront Road for future right-of-way improvements;
18. Approve Resolution authorizing the execution of an Agreement for Use of City Facilities for Youth Sports by
Inferno Soccer Club, Inc.associated with the use of Brothers Park for FY-2021;
19. Approve Resolution authorizing the submittal of special tax assessments to the Canyon County Auditor's Office
for weed abatements within FY-2020;
20. Approve Resolution authorizing the execution of an Agreement with Absolute Fire Protection, LLC for the
installation of a fire sprinkler system at O'Connor Field House;
21. Approve Resolution authorizing the ratification for the purchase of an Autoscope Vision Video Detection System
from Econolite Control Products,Inc. in the amount of$17,810.00 for use by the Street Department;
22. Approve Resolution designating city-wide departmental record custodians for the purpose of responding to Public
Record Requests pursuant to Idaho Code 74-101;
23. Approve Resolution authorizing the execution of the Elevate Academy Charter School Resource Officer Program
Agreement effective August 1,2020 to July 31,2021.
OLD BUSINESS:
1. ACTION ITEM: Public Hearing pursuant to Idaho State Code 20-1002, to consider acceptance of the Budget
Amendment for fiscal year beginning October 1,2019 and ending September 30,2020.
2. ACTION ITEM: Consider Bill No. 37 (Ordinance No. 3294) amending Ordinance No. 3228 (Bill 36) for fiscal
year beginning October 1, 2019 and ending September 30, 2020 with a request to waive the rules and pass on the
first reading.
3. ACTION ITEM: Consider Resolution No. 239-20 adopting a schedule of FY-2021 fees for services provided and
regulatory charges as specified by the Caldwell City Code for the Caldwell Event Center, Canyon Hill Cemetery,
City Clerk Department, Caldwell Fire Department, Golf Department, Planning & Zoning Department, Caldwell
Police Department,and the Parks&Recreation Department.
4. ACTION ITEM: Consider Resolutions No. 240-20, 241-20, 242-20, 243-20, 244-20, 245-20, and 246-20
adopting the schedule of fees for services provided and regulatory charges as specified by the Caldwell City Code
for the Sewer System Fees and Policies,Water System Fees and Policies, Street Lighting Fees and Policies,Airport
Fees, Engineering Review and Mapping Fees, Building Permit Fees,and Sanitation/Solid Waste Fees and Polices.
NEW BUSINESS:
1. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: ZON-20-02: A request Darin Taylor, on
behalf of Reed and Jackie Taylor Living Trust, to rezone parcel R35308308 (1.77 AC) from C-4 (Freeway
Commercial) zone to M-1 (Light Industrial) zone for the purpose of expanding marketable uses on the property.
The subject property is located west of and adjacent to 1320 Aviation Way, Caldwell, ID. The Hearing Examiner
forwarded this case with a recommendation of approval and approved Case No. SUP-20-03, a special use permit
for a truck driving vocational school on June 3,2020.
2. ACTION ITEM: Consider Bill No. 12 (Ordinance No. 3271) for Case No. ZON-20-02 (Taylor Rezone) with a
request to waive the rules,pass on the first reading,and approve the summary for publication.
3. ACTION ITEM: Public Hearing (Legislative) Case No. OA-20-01: A request by the Caldwell Planning and
Zoning Department to amend the current Caldwell Zoning Map and the Official Comprehensive Plan Map.
4. ACTION ITEM: Consider Bill No. 35 (Ordinance No. 3292)for case no. OA-20-01 (Zoning Map Update)with
a request to waive the rules and pass on the first reading.
5. ACTION ITEM: Consider Resolution No. 238-20 for case no. OA-20-01 (Comprehensive Plan Land Use Map
Update).
6. ACTION ITEM: Public Hearing(Legislative) Case No. OA-20-03: A request by the Caldwell Planning and
Zoning Department to amend the current Caldwell City Code, Chapter 10, Article 12, Section 10-12-08 regarding
Staff Level Design Review.
7. ACTION ITEM: Consider Bill No. 36 (Ordinance No. 3293) a request by the City Clerk to amend the current
Caldwell City Code, Chapter 6, Article 23, Section 06-23-02 regarding the exclusion of certain events from
qualifying for the Special Event Permit Annual Pre-approval Process with a request to waive the rules and pass on
the first reading.
8. ACTION ITEM: Consider Bill No.28(Ordinance No.3295)to annex a portion of property located at 3311 South
10th Avenue within the City Limits into the Caldwell Municipal Irrigation District with a request to waive the rules
and pass on the first reading.
9. ACTION ITEM: Consider participation in the Governor's Public Safety Initiative associated with Cares Act
Funding.
10. ACTION ITEM: Finance Report acceptance.
11. Council Reports.
12. Mayor's Comments.
13. Executive Session pursuant to Idaho Code, Section 74-206, Subsection (c) for the purpose of discussing the
acquisition of or an interest in real property not owned by a public agency.
14. Adjournment.
Next Regular City Council Meeting is on Monday, September 21, 2020 at 7:00 p.m. in the Community Room at the
Caldwell Police Station at 110 South Fifth.Any person needing special accommodations to participate in the meeting should
contact the City Clerk at 411 Blaine Street or call#455-4656 prior to the meeting. The entire agenda packet and minutes can
be viewed on the City of Caldwell's website: www.citvofcaldwell.com. Cualquier persona que necesita arreglos especiales
para participar en la reuniOn debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o llame al #455 a 4656
antes de la reuniOn.
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BOOK 61 PAGE 129
SPECIAL MEETING
EXECUTIVE SESSION
Tuesday,September 8,2020
6:30 P.M.
The Mayor called the meeting to order at 6:30 p.m.
The Roll of the City Council was called by the City Clerk with the following members present: McGee,
Allgood,Wagoner(via Zoom),Hopper(via Zoom),and Callsen. Absent: Pollard.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SECTION (D) FOR THE
PURPOSE OF DISCUSSING RECORDS THAT ARE EXEMPT FROM DISCLOSURE PROVIDED
IN CHAPTER 1,TITLE 74,IDAHO CODE.
MOVED by McGee, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Section(d) for the purpose of discussing records that are exempt from disclosure provided in
chapter 1,title 74,Idaho Code at 6:30 p.m.
Roll call vote. Those voting yes: McGee, Allgood, Wagoner, Hopper, and Callsen. Those voting no: none.
Absent and/or not voting: Pollard.
MOTION CARRIED
The Executive Session was dismissed at 7:07 p.m. No decisions were made or action taken within the
Executive Session.
REGULAR MEETING
Tuesday,September 8,2020
7:00 P.M.
The Mayor called the meeting to order at 7:08 p.m. and welcomed those in attendance. He reported that the
meeting delay was due to an Executive Session held at 6:30 p.m. prior to the meeting. He noted that the room
was arranged to allow for social distancing and face masks along with hand sanitizer is available at the door for
those in attendance.
Pastor Don Brown of Caldwell Friends Church provided the invocation. The Mayor led 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: McGee,
Allgood,Wagoner(via Zoom),Hopper(via Zoom),and Callsen. Absent: Pollard.
CONFLICT OF INTEREST DECLARATION
None.
AMENDMENTS TO THE AGENDA
MOVED by Callsen,SECONDED by McGee to amend the agenda concerning the following items:
• Correct Item#8 under New Business to read: Consider Bill No.38(Ordinance No.3295)
• Remove Item#9 under New Business to be considered at a later time
SPECIAL PRESENTATIONS
A. Proclamation: In support of the 2020 United States Census—Complete Count Campaign
The Mayor read the proclamation into the record:
Joint Proclamation
Whereas,the census is mandated by the United States Constitution every 10 years; and
Whereas,the goal of the U.S. Census is to ensure a complete and accurate count of everyone living in the
United States once, only once, and in the right place; and
Whereas,more than$675 billion per year in federal funding is allocated to states and communities based
on census data; and
Whereas,an accurate count is vital to ensuring our state and cities receive annual funds to improve
transportation, schools, hospitals,public works and other vital programs; and
Whereas,census data helps shape where to locate schools, offices and stores;and
BOOK 61 PAGE 130
Whereas,census data ensures fair Congressional representation in the U.S. House of
Representatives and in redistricting state legislatures, county and city councils and school and
voting districts;and
Whereas,we all benefit from a complete and accurate count and have a civic responsibility to take the
2020 Census before it closes September 30, 2020;
Now Therefore, WE THE UNDERSIGNED do hereby encourage anyone who has not already taken the
2020 Census to"Take 10 minutes to take the 2020 Census on September 10th"in the cities of Caldwell,
Nampa, Meridian and Boise.
The Mayor expressed appreciation to City Clerk Debbie Geyer for her involvement with coordinating the
2020 Census Complete Count Campaign within the City of Caldwell.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR: [All Consent Calendar items are considered action items]
1. Approve the minutes of the Caldwell City Council Regularly Scheduled Meeting held on August 17,
2020,the City of Caldwell Audit Committee Meeting held on January 27,2020;the Caldwell Youth
Master Plan Committee held on June 23, 2020; and the Caldwell Historic Preservation Commission
Meeting held on July 8,2020;
2. Approve the Order of Decision for Case No.AMD-20-03 (Fast Trac/Boos Development);
3. Approve request to waive the rental fee in the amount of$27,060.00 for use of the O'Connor Field
House facility by the Canyon County Elections Office to conduct early voting for the November
Presidential Election from October 13,2020 through October 30,2020;
4. Approve request for the transfer of an Alcohol Beverage License (liquor, beer, wine) at Topple's
Fine Dining LCC located at 801 Everett Street;
5. Approve Resolution No. 247-20 accepting the Award of Bid in the amount of $118,358.00 to
Clearwater Landscaping for landscaping improvements at Caldwell Fire Station No. 3;
6. Approve Resolution No. 248-20 authorizing the execution of a Deferral Agreement with Comfort
Expert Heating&Air, Inc for public improvements including sidewalk and street lights for frontage
along 2917 Tinnin Lane;
7. Approve Resolution No. 249-20 authorizing the purchase of equipment for the new Caldwell
Wastewater Treatment Plan Laboratory Building in the amount of$60,500.00;
8. Approve Resolution No.250-20 accepting the informal Award of Bid in the amount of$160,969.00
to LS Excavation for sewer line in the alley from 16th Avenue to 15th Avenue between Arthur and
Blaine Street;
9. Approve Resolution No.251-20 authorizing the purchase of a 2020 Chevrolet Equinox from Kendall
Auto Mall in the amount of$21,860.00 for use by the Recreation Department;
10. Approve Resolution No. 252-20 authorizing the execution of a Service Agreement with JUB
Engineers,Inc. for sewer lift station design and construction standards in the amount of$18,765.00;
11. Approve Resolution No. 253-20 authorizing the execution of the Addendum to Reimbursement
Agreements with Power River, Inc. and Arbor Ridge, LLC for extensions of the sewer
reimbursement pertaining to the Blackhawk Sewer Lift Station Project;
12. Approve Resolution No. 254-20 declaring miscellaneous equipment and items from Caldwell Police
Department as surplus property with a request for disposition of such items by public auction and
donation to Computers of Kids;
13. Approve Resolution No.255-20 authorizing the adoption of amendments to the City of Caldwell Pay
Scale and Position Scale with an effective date of October 1,2020;
14. Approve Resolution No. 256-20 authorizing the adoption of amendments to the City of Caldwell
Police Officer Pay Scale with an effective date of October 1,2020;
15. Approve Resolution No. 257-20 authorizing a 4.9 percent irrigation rate increase of the 2021
Irrigation Assessments, Estimate of Expenses for the Irrigation System, Set Irrigation Assessments
and Fees, and set the date for the Board of Correction to meet March 8-10, 2020 from 8:30 am to
5:00 pm at the Caldwell Water Office at 305 West Chicago;
16. Approve Resolution No.258-20 authorizing the execution of the Right-of-Way Purchase Agreement
in the amount of$25,772.32 with Julene Landes for future right-of-way improvements along Smeed
Parkway and Marblefront Road;
17. Approve Resolution No. 259-20 accepting a Quitclaim Deed from Julene Landes for property
located on the southwest corner of Smeed Parkway and Marblefront Road for future right-of-way
improvements;
18. Approve Resolution No.260-20 authorizing the execution of an Agreement for Use of City Facilities
for Youth Sports by Inferno Soccer Club,Inc.associated with the use of Brothers Park for FY-2021;
19. Approve Resolution No. 261-20 authorizing the submittal of special tax assessments to the Canyon
County Auditor's Office for weed abatements within FY-2020;
20. Approve Resolution No. 262-20 authorizing the execution of an Agreement with Absolute Fire
Protection,LLC for the installation of a fire sprinkler system at O'Connor Field House;
BOOK 61 PAGE 131
21. Approve Resolution No.263-20 authorizing the ratification for the purchase of an Autoscope Vision
Video Detection System from Econolite Control Products, Inc. in the amount of$17,810.00 for use
by the Street Department;
22. Approve Resolution No. 264-20 designating city-wide departmental record custodians for the
purpose of responding to Public Record Requests pursuant to Idaho Code 74-101;
23. Approve Resolution No. 265-20 authorizing the execution of the Elevate Academy Charter School
Resource Officer Program Agreement effective August 1,2020 to July 31,2021.
MOVED by Callsen, SECONDED by McGee to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Callsen, McGee,Allgood, Wagoner, and Hopper. Those voting no: none.
Absent and/or not voting:Pollard.
MOTION CARRIED
OLD BUSINESS:
(ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 20-1002, TO
CONSIDER ACCEPTANCE OF THE BUDGET AMENDMENT FOR FISCAL YEAR
BEGINNING OCTOBER 1,2019 AND ENDING SEPTEMBER 30,2020)
The Mayor declared the public hearing open.
Carol Mitchell, Finance Director at 411 Blaine Street, outlined the contents of the proposed Budget
Amendment Ordinance and recommended its approval.
MOVED by McGee,SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 37 [ORDINANCE NO. 3294] AMENDING
ORDINANCE NO. 3228 [BILL 36] FOR FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND
ENDING SEPTEMBER 30,2020 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, AMENDING ORDINANCE NO. 3228
(Bill 36), THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2019 AND ENDING SEPTEMBER 30, 2020 APPROPRIATING ADDITIONAL MONIES THAT
ARE TO BE RECEIVED AND/OR EXPENDED BY THE CITY OF CALDWELL, IDAHO, IN THE
SUM OF$8,714,298 AND PROVIDING AN EFFECTIVE DATE.
MOVED by Allgood, SECONDED by McGee to waive the three reading process and consider Bill No.
37(Ordinance No.3294)on its first reading by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:none. Pollard.
MOTION CARRIED
MOVED by Allgood, SECONDED by Callsen to sponsor Bill No.37(Ordinance No.3294),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTION NO. 239-20 ADOPTING A SCHEDULE OF FY-
2021 FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS SPECIFIED BY
THE CALDWELL CITY CODE FOR THE CALDWELL EVENT CENTER, CANYON HILL
CEMETERY, CITY CLERK DEPARTMENT, CALDWELL FIRE DEPARTMENT, GOLF
DEPARTMENT, PLANNING & ZONING DEPARTMENT, CALDWELL POLICE
DEPARTMENT,AND THE PARKS& RECREATION DEPARTMENT)
Carol Mitchell, Finance Director at 411 Blaine Street,reported that the fees being considered tonight had
been previously discussed in the City Council workshops and a public hearing was held at the previous
City Council Meeting approving fees in excess of a five percent increase.
The Mayor read the resolution by title only:
A RESOLUTION OF THE CITY OF CALDWELL, IDAHO, A MUNICIPAL CORPORATION OF
IDAHO, ADOPTING A SCHEDULE OF FEES FOR SERVICES PROVIDED AND REGULATORY
CHARGES AS SPECIFIED BY CITY CODE FOR CALDWELL EVENT CENTER, CANYON HILL
CEMETERY, CITY CLERK, CALDWELL FIRE DEPARTMENT, GOLF, PLANNING & ZONING,
CALDWELL POLICE DEPARTMENT,AND CALDWELL PARKS&RECREATION.
BOOK 61 PAGE 132
MOVED by Callsen, SECONDED by McGee to approve Resolution No.239-20 as printed.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:none. Pollard.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTIONS NO. 240-20,241-20,242-20, 243-20,244-20,
245-20,AND 246-20 ADOPTING THE SCHEDULE OF FEES FOR SERVICES PROVIDED
AND REGULATORY CHARGES AS SPECIFIED BY THE CALDWELL CITY CODE FOR
THE SEWER SYSTEM FEES AND POLICIES, WATER SYSTEM FEES AND POLICIES,
STREET LIGHTING FEES AND POLICIES, AIRPORT FEES, ENGINEERING REVIEW
AND MAPPING FEES, BUILDING PERMIT FEES, AND SANITATION/SOLID WASTE
FEES AND POLICES)
Brent Orton, Public Works Director at 621 Cleveland Boulevard provided an overview of the fees
being considered tonight, noting that a public hearing was held on August 17, 2020 approving fees
in excess of five percent.
Robb MacDonald, City Engineer at 621, summarized the fees being considered tonight as provided
by the Engineering Department.
The Mayor presented Resolution 240-20 for Sewer Fees and Policies:
MOVED by Callsen, SECONDED by McGee to approved Resolution 240-20 as printed.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
The Mayor presented Resolution 241-20 for Street Lighting Fees and Policies:
MOVED by Allgood,SECONDED by McGee to approved Resolution 241-20 as printed.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
The Mayor presented Resolution 242-20 for Water System Fees and Policies:
MOVED by Callsen,SECONDED by McGee to approved Resolution 242-20 as printed.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
The Mayor presented Resolution No.243-20 for Airport Fees:
MOVED by Allgood,SECONDED by Callsen to approved Resolution 243-20 as printed.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED
The Mayor presented Resolution No.244-20 for Engineering Reviews and Mapping Fees:
MOVED by Callsen,SECONDED by McGee to approved Resolution 244-20 as printed.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED111
The Mayor presented Resolution No.245-20 for Building Permit Fees:
MOVED by Allgood, SECONDED by Callsen to approved Resolution 245-20 as printed.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
The Mayor presented Resolution No.246-20 for Sanitation/Solid Waste Fees and Policies:
MOVED by Callsen,SECONDED by Allgood to approve Resolution 246-20.
BOOK 61 PAGE 133
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
NEW BUSINESS:
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: ZON-20-02: A
REQUEST DARIN TAYLOR, ON BEHALF OF REED AND JACKIE TAYLOR LIVING
TRUST,TO REZONE PARCEL R35308308 [1.77 AC] FROM C-4 [FREEWAY COMMERCIAL]
ZONE TO M-1 [LIGHT INDUSTRIAL] ZONE FOR THE PURPOSE OF EXPANDING
MARKETABLE USES ON THE PROPERTY. THE SUBJECT PROPERTY IS LOCATED
WEST OF AND ADJACENT TO 1320 AVIATION WAY, CALDWELL, ID. THE HEARING
EXAMINER FORWARDED THIS CASE WITH A RECOMMENDATION OF APPROVAL
AND APPROVED CASE NO. SUP-20-03,A SPECIAL USE PERMIT FOR A TRUCK DRIVING
VOCATIONAL SCHOOL ON JUNE 3,2020)
The Mayor explained the quasi-judicial process and asked the City Clerk to swear in those who would be
providing public testimony. The Mayor declared the public hearing open.
Debbie Root,Senior Planner at 621 Cleveland Boulevard,acknowledged being sworn in and outlined the
contents of the staff report. She noted that the applicant, Darin Taylor,was representing his parents with
the land-use request. The rezone of the parcel to M-1 would allow for expanding the current uses at the
site. The parcel is adjacent to M-I and C-4 properties. The request is consistent with the Comprehensive
Plan for the area. Staff recommends its approval.
Darin Taylor, Applicant at 1434 New York Street, Middleton, acknowledged being sworn in and spoke
in favor of the request. He reported that the property was acquired by the Taylor family in 2000. The
adjacent property, also owned by the Taylors, is leased to a truck wash business. The lease expired in
May 2020 but was renewed for an additional twenty years. The rezone would allow for light industrial
uses at the site. He asked for clarification concerning the dedication of right-of-way along Aviation
Way.
Robb MacDonald,City Attorney at 621 Cleveland Boulevard,reported that Aviation Way is classified as
a Collector. The applicant would be required to dedicate public right-of-way for a total of thirty-five(35)
foot half width right-of-way (from centerline) along the entire Aviation Way alignment. If the Taylors
had previously dedicated thirty feet of right-of-way, only an additional five-foot conveyance of right-of-
way would be required.
In response to questions by Councilman Callsen, Mr. MacDonald explained that the thirty-five(35) foot
right-of-way conveyance requirement assists with the construction of curb/gutter/sidewalk and the
placement of utilities behind the sidewalk area.
MOVED by McGee,SECONDED by Allgood to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-20-02:
The Mayor presented the Evidence List: staff report,sign-up sheets,and an aerial map of ZON-20-02.
MOVED by Callsen,SECONDED by McGee to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-20-02:
MOVED by Callsen, SECONDED by McGee to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.ZON-20-02:
MOVED by Allgood, SECONDED by McGee 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.ZON-20-02:
MOVED by Allgood, 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-20-02:
BOOK 61 PAGE 134
MOVED by Callsen, SECONDED by Allgood based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ZON-20-02 a request Darin Taylor, on behalf of
Reed and Jackie Taylor Living Trust, to rezone parcel R35308308 (1.77 AC) from C-4 (Freeway
Commercial)zone to M-1 (Light Industrial)zone in Caldwell, Idaho is approved with the conditions as
outlined within the staff report.
Roll call vote. Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED
MOVED by Callsen, SECONDED by McGee to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 12 (ORDINANCE NO. 3271) FOR CASE NO.
ZON-20-02 (TAYLOR REZONE) WITH A REQUEST TO WAIVE THE RULES, PASS ON
THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID
LANDS SHOULD BE REZONED TO THE 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 AND PLANNING AND
ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Callsen, SECONDED by McGee to waive the three reading process and consider Bill No.
12(Ordinance No.3271)on its first reading by title only.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED
MOVED by Callsen, SECONDED by McGee to sponsor Bill No. 12(Ordinance No. 3271),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING [LEGISLATIVE] CASE NO. OA-20-01: A
REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND
THE CURRENT CALDWELL ZONING MAP AND THE OFFICIAL COMPREHENSIVE
PLAN MAP)
The Mayor declared the public hearing open.
Debbie Root, Senior Planner at 621 Cleveland Boulevard, outlined the contents of the staff report. She
noted that tonight's action would update the official Zoning Map and adopt/amend the Comprehensive
Plan Map. This action would supersede and replace the maps for cases approved from January 1,2019 to
December 31,2019 by City Council in accordance with the Land Use Planning Act.
MOVED by Callsen,SECONDED by Allgood to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 35 [ORDINANCE NO.3292] FOR CASE NO.OA-
20-01 (ZONING MAP UPDATE)WITH A REQUEST TO WAIVE THE RULES AND PASS
ON THE FIRST READING)
The Mayor read the ordinance by title only:
AN ORDINANCE ADOPTING AN AMENDED ZONING MAP THAT SUPERSEDES AND
REPLACES THE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF CALDWELL ON
SEPTEMBER 8,2020.
MOVED by Allgood, SECONDED by McGee to waive the three reading process and consider Bill No.
35(Ordinance No.3292)on its first reading by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
BOOK 61 PAGE 135
MOVED by Allgood,SECONDED by McGee to sponsor Bill No.35(Ordinance No.3292),move for its
passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
(ACTION ITEM: CONSIDER RESOLUTION NO. 238-20 FOR CASE NO. OA-20-01
[COMPREHENSIVE PLAN LAND USE MAP UPDATE])
The Mayor read the resolution by title only:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AMENDING
THE CITY OF CALDWELL COMPREHENSIVE PLAN MAP IN ITS ENTIRETY.
MOVED by Allgood, SECONDED by McGee to approve Resolution 238-20 as printed.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING [LEGISLATIVE] CASE NO. OA-20-03: A
REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND
THE CURRENT CALDWELL CITY CODE,CHAPTER 10,ARTICLE 12,SECTION 10-12-
08 REGARDING STAFF LEVEL DESIGN REVIEW)
The Mayor declared the public hearing open.
Jerome Mapp, Director of Planning & Zoning at 621 Cleveland Boulevard, reported that in June 2020
City Council gave authority to the P&Z Director to hear all staff-level design reviews based upon certain
criteria thereby reducing the time for approval due to the COVID-19 crisis. The proposed ordinance
would allow this process to continue. Additional complex criteria requires a hearing before the Design
Review Committee,which could take a period of time between 45-60 days. The proposed ordinance was
reviewed by the Planning & Zoning Commission and the Design Review Committee recommending
approval of the ordinance.
Councilman Hopper expressed concern that there be some type of review process for murals within the
downtown.
Mr. Mapp reported that currently there are no standards within the City Code regarding murals. He is
currently working with Steve Jenkins of the Economic Development Department to establish such
standards. Once the design standards are established,the City Code will be amended.
MOVED by McGee, SECONDED by Allgood to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 36 [ORDINANCE NO. 3293] A REQUEST BY
THE CITY CLERK TO AMEND THE CURRENT CALDWELL CITY CODE, CHAPTER
6, ARTICLE 23, SECTION 06-23-02 REGARDING THE EXCLUSION OF CERTAIN
EVENTS FROM QUALIFYING FOR THE SPECIAL EVENT PERMIT ANNUAL PRE-
APPROVAL PROCESS WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE
FIRST READING)
Debbie Geyer,City Clerk at 411 Blaine Street,provided an overview of the ordinance.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6,
ARTICLE 23, SECTION 06-23-02 OF THE CALDWELL CITY CODE, EXCLUDING CERTAIN
EVENTS FROM QUALIFYING FOR ANNUAL PRE-APPROVAL; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS,ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
MOVED by Callsen, SECONDED by McGee to waive the three reading process and consider Bill No.
36(Ordinance No.3293)on its first reading by title only.
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
MOVED by Callsen, SECONDED by McGee to sponsor Bill No. 36(Ordinance No.3293)and move for
its passage by title only.
BOOK 61 PAGE 136
Roll call vote: Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 38 [ORDINANCE NO. 3295] TO ANNEX A
PORTION OF PROPERTY LOCATED AT 3311 SOUTH 10TH AVENUE WITHIN THE
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 Allgood, SECONDED by Callsen to waive the three reading process and consider Bill No.
38(Ordinance No.3295)on its first reading by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting:Pollard.
MOTION CARRIED
MOVED by Allgood, SECONDED by McGee to sponsor Bill No. 38 (Ordinance No. 3295) and move
for its passage by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Hopper, Callsen, and McGee. Those voting no:
none. Absent and/or not voting: Pollard.
MOTION CARRIED
(ACTION ITEM: CONSIDER PARTICIPATION IN THE GOVERNOR'S PUBLIC
SAFETY INITIATIVE ASSOCIATED WITH CARES ACT FUNDING)
[This item was removed from the agenda for later consideration.]
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the
amount of$4,293,470.19 for the period ending September 1, 2020, a net payroll of$384,626.94 for the
pay period ending August 15,2020.
MOVED by Allgood, SECONDED by McGee that accounts payable in the amount of$4,293,470.19
represented by check numbers 147884 through 148375 and payroll in the amount of $384,626.94
represented by check numbers 34890 through 34930 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 provided an update on the COVID-19 crisis, noting that Canyon County is still under the
guidelines of Stage 4 in accordance with mandates from Southwest District Health.
A Mayor's Youth Advisory Council (MYAC) meeting was held last week. Approximately twelve
students were in attendance. A public service announcement was filmed by the students in attendance
encouraging citizens to follow the COVID-19 protocols. The next MYAC meeting will be held on
September 16th.
A Caldwell Urban Renewal Agency Meeting will be held on Monday,September 14,2020 at 7:00 p.m.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 74-206, SUBSECTION(C) FOR
THE PURPOSE OF DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL
PROPERTY NOT OWNED BY A PUBLIC AGENCY.
BOOK 61 PAGE 137
MOVED by Callsen, SECONDED by McGee to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection(c) for the purpose of discussing the acquisition of or an interest in real property
not owned by a public agency at 8:21 p.m.
Roll call vote. Those voting yes: Callsen, McGee, Allgood, Wagoner, and Hopper. Those voting no: none.
Absent and/or not voting: Pollard.
MOTION CARRIED
(ADJOURNMENT)
MOVED by McGee, SECONDED by Callsen to adjourn at 8:39 p.m.
MOTION CARRIED
APPROVED AS written THIS 21St DAY OF September 2020.
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City Clerk