HomeMy WebLinkAbout2021-06-07 City Council Minutes CALDWELL
CITY COUNCIL WORKSHOP
AGENDA
Monday,June 7,2021
6:30 PM
A WORKSHOP TO RECEIVE AN UP-TO-DATE REPORT FROM THE CITY ATTORNEY
REGARDING PROPOSED ORDINANCE AMENDMENTS TO THE CALDWELL CITY CODE
ASSOCIATED WITH HB-389.
REGULAR CITY COUNCIL MEETING
AGENDA
Monday,June 7,2021
7:00 PM
INVOCATION OFFERED BY PASTOR ROBB KENSINGER OF THE MONTANA AVENUE BAPTIST
CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS]
1) Approve acceptance of the minutes of the Regularly Scheduled City Council meeting held on May 17, 2021; the
Special City Council meeting held on May 18,2021; City Council Workshops held on May 11, 2021, May 18, 2021,
and May 24, 2021; the Caldwell Youth Master Plan Committee meeting held on April 22, 2021; and the Caldwell
Hearing Examiner meetings held on March 23,2021 and April 27,2021;
2) Approve the Order of Decision for Final Plat Case No. SUB-21F-06(Sienna Hills No. 11);
3) Approve the Order of Decision for Final Plat Case No. SUB-21F-05(Sienna Hills No. 12);
4) Approve the Order of Decision for Final Plat Case No. SUB21-000015(Topaz Ranch No. 1);
5) Approve Order of Decision and Amended Development Agreement for Case No. DAA-20-01/SUB20-000012 (Selah
Estates Subdivision Preliminary Plat);
6) Approve the Order of Decision for The Cedars TE21-000001;
7) Approve the Order of Decision and Development Agreement for CASE NO: PUD-21P-01 Oregon Commons;
8) Approve the Order of Decision for Case Number ANN21-000002/SUB-21P-02(Autumn Ridge East);
9) Approve the Order of Decision Case No.ANN21-000003/SUB-21 P-03 (Autumn Ridge West);
10) Approve the Order of Decision for Case Number TE21-000003 (Cedar Crossing No.3 Preliminary Plat);
11) Approve request from Megan Dixon to resign from the Caldwell Historic Preservation Commission effective May 26,
2021;
12) Approve request from Sacajawea Elementary School for a fee waiver in the amount of$3,600 for use of Roberts
Recreation Center for summer learning opportunities;
13) Approve Resolution ratifying the Notice of Award to Central Paving, Co., Inc. for the Rehabilitate Taxiway A and
Taxiway Lighting System Project(AIP-3-16-0045-035-2021);
14) Approve Resolution authorizing a one-time Comp Time payout of hours exceeding an 80-hour balance on June 25,
2021 in the amount of$95,450.00;
15) Approve Resolution authorizing a one-time Merit Pay to non-union employees on June 25, 2021 in the amount of
approximately$142,063.00;
16) Approve Resolution authorizing the execution of the Low/Moderate Income Single Family Housing Development—
Homeownership Model Agreement for Community Development Block Grant (CDBG) funding with AutumnGold
Senior Services,Inc.in the amount of$120,000.00;
17) Approve Resolution authorizing the execution of the Boulder Sign Agreement with On Par Advertising, LLC for
signage at Purple Sage Golf Course;
18) Approve Resolution authorizing the acquisition of Artificial Intelligence Cyber Security Software in the amount of
$41,326.00 from Dark Trace for use by the IT Department;
19) Approve Resolution authorizing the execution of a License Agreement with Fatbeam, LLC to install, operate, and
maintain a private network upon or within certain streets and public right-of-way with the Caldwell City Limits;
20) Approve Resolution authorizing the acquisition of a GL9-2 Golf Lift from Turf Equipment& Irrigation in the amount
of$7,600.00 for use by the Fairview Golf Maintenance Department;
21) Approve Resolution ratifying the execution of a Warranty Deed transferring real property from the City of Caldwell to
Hess Properties, LLC located on or near El Paso Road between Willis and Purple Sage Road comprising of
approximately 28.448 acres pursuant to the Sale and Purchase Agreement executed between the two parties on or
about January 28,2021;
22) Approve Resolution authorizing the acceptance of the 2021 Audit Fee Proposal from Eide Bailly in the amount of
$59,650.00;
23) Approve Resolution authorizing the execution of the Agricultural Lease Agreement expiring December 31,2022 with
Johathan Roedel for properties located at 2101 N. Illinois Avenue comprising of approximately 16.420 acres (Parcel
A), "0" N. Illinois Avenue comprising of approximately 11.480 acres (Parcel B); and "0" Marble Front Road
comprising of approximately 9.500 acres;
24) Approve Resolution authorizing the execution of an Agreement for Professional Services with Keller Associates, Inc.
for bio solids lagoon seepage testing in the amount of$10,000.00 for the Caldwell Wastewater Treatment Plant;
25) Approve Resolution accepting a temporary easement from C & B Quality Trailer Works, Inc. for the purpose of
constructing a sanitary sewer main line across a portion of their property;
Page 1 of 2
26) Approve Resolution accepting a permanent easement from C & B Quality Trailer Works, Inc. for the purpose of
constructing a sanitary sewer main line across a portion of their property;
27) Approve Resolution authorizing the execution of the Addendum to an Existing Professional Services Agreement with
Negotiation Services,LLC for the Ustick Road Widening Project in an amount not-to-exceed$8,500.00;
28) Approve Resolution accepting the bid estimate from Clearwater Landscape for the installation of new sprinklers,
fence repair,and new landscaping for a planter renovation at Luby Park in the amount of$11,331.50;
29) Approve Resolution amending and accepting the City of Caldwell Supplemental Specifications for the Caldwell
Municipal Irrigation District;
30) Approve Resolution authorizing the execution of the Purchase Agreement with AB Properties, LLC in the amount of
$10,164,57 associated with the Ustick Road Widening Project;
31) Approve Resolution accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light
Facilities in the Cedar Crossing Subdivision,Phase No.5;
32) Approve Resolution accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light
Facilities in the Adams Ridge Subdivision,Phase No.4;
33) Approve Resolution accepting a Warranty Deed from AB Properties, LLC for future right-of-way development along
Ustick Road;
34) Approve Resolution accepting a Warranty Deed from Lasher Development Co., LLC for future right-of-way
development along Ustick Road(nine-foot frontage strip);
35) Approve Resolution accepting a Warranty Deed from Lasher Development Co., LLC for future right-of-way
development along Ustick Road(six-foot frontage strip);
36) Approve Resolution accepting an Easement from Willow Falls Commercial Property Owners Association, Inc. and
Bower Chiropractic,Inc.for domestic water line service for Willow Falls Four-Plex Units and Bower Chiropractic;
37) Approve Resolution accepting Dedication of Street Light Facilities from KF89 LLC for Desert Sage Wall Systems
Development at 3901 Skyway Street;
38) Approve Resolution accepting a Permanent Easement from Hopkins Mortgage Fund, LLC for construction of a
sanitary sewer main line across a portion of their property for construction, operation and maintenance of a sanitary
sewer main lira;;
39) Approve Resolution authorizing the execution of an Easement Purchase Agreement with C & B Quality Trailer
Works,Inc. in the amount of$45,590.00 for constructing a gravity sewer mainline;
40) Approve Resolution authorizing the execution of an Easement Purchase Agreement with Hopkins Mortgage Fund,
LLC in the amount of$2,644.01 for constructing a gravity sewer mainline;
41) Approve Resolution accepting an Easement from Idaho Power Company for pressure irrigation across a portion of
their property for irrigation service for Idaho Power Company located at 3713 Skyway Street;
42) Approve Resolution authorizing the execution of a Purchase Agreement with Lasher Development Company, LLC in
the amount of$178,338.56 associated with the Ustick Road Widening Project;
43) Approve Resolution authorizing the execution of a Purchase Agreement with Gary D. Lasher in the amount of
$389.44 associated with the Ustick Road Widening Project;
44) Approve Resolution accepting a Warranty Deed from Gary D. Lasher for future right-of-way development along
Ustick Road(seven-foot frontage strip);
45) Approve Resolution accepting a Permanent Easement from Lasher Development Co., LLC for construction and
maintenance of a storm drain retention pond across a portion of their property;
46) Approve Resolution accepting a Warranty Deed from Lasher Development Co. LLC for future development of Ustick
Road(seven-foot frontage strip);
47) Approve Resolution accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light
Facilities from Heartland Homes,LLC for the Woodway Estates Subdivision.
OLD BUSINESS:
1) ACTION ITEM—Continued from April 5, 2021 – Public Hearing (Legislative) OA-20-04 Proposing
amendments to Chapter 10, Article 2 (Section 10-02-13) of the Caldwell City Code, removing duplicative provision
related to business permits,; and amending Chapter 10, Article by adding a new section entitled 10-02-16 containing
provision related to the regulation of business permits for the City of Caldwell. (It has been requested by City staff
that this item be continued to a Regularly Scheduled City Council Meeting to be held on July 19,2021 at 7:00 p.m.)
NEW BUSINESS:
1) ACTION ITEM Public Hearing (Quasi-Judicial): Case No. ANN21-000005, A request to annex parcels R30882,
R30882010,R30881012,R30881 under code §10-01-08-1 Category"A"Annexation as described in Idaho Code §50-
222. The subject properties contain 8.675 acres subject to Development Agreement recorded as instrument #
200101621. The subject properties are designated Commercial and Services in the Comprehensive Plan and the
requested zone designation is Service Commercial(C-3)commensurate with the adjacent properties to the South, East
and West. The properties lie within the APO 1 Land Use Limitation Zone. The properties are located on the
southwest corner of Ustick and Middleton Roads,Nampa,ID.
2) ACTION ITEM: Consider Bill No. 29 (Ordinance No. 3349)for Case No.ANN21-000005 with a request to waive
the rules,pass on the first reading,and approve the summary for publication.
3) ACTION ITEM: Consider Bill No. 32 (Ordinance No. 3352) to annex Boise Valley RV Park (Instrument No.
2019055650) and Caldwell Fire Station No. #3 (Instrument No. 2019005018) into the Caldwell Municipal Irrigation
District with a request to waive the rules and pass on the first reading.
4) ACTION ITEM: Consider Resolution accepting the City of Caldwell's allocation from the American Rescue Act in
the amount of $12,481.887.00 and provide for the Finance Director to request the funds through the Treasury
Submission Portal.
5) ACTION ITEM: Financial Report acceptance
6) Council Reports.
7) Mayor's Comments.
8) Adjournment.
Next Regular City Council Meeting is on Monday. June 21. 2021 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]lame al#455 a 4656 antes de la reunion.
Page 2 of 2
BOOK 62 PAGE 95
WORKSHOP
CALDWELL CITY COUNCIL
June 7,2021
6:30 P.M.
MINUTES
A WORKSHOP TO RECEIVE AN UP-TO-DATE REPORT FROM THE CITY ATTORNEY
REGARDING PROPOSED ORDINANCE AMENDMENTS TO THE CALDWELL CITY CODE
ASSOCIATED WITH HB-389.
The following members present: Allgood, Wagoner, Callsen, Pollard (via Zoom), and McGee. Absent:
Hopper. The Mayor declared the workshop open.
Doug Waterman, City Attorney at 1303 12th Avenue Road, Nampa, reported on proposed ordinance
amendments relating to Chapter 10 of the City Code allowing staff to conduct a fiscal analysis for
annexation, special use permits, planned unit developments, and preliminary plat requests. Each analysis
would provide facts to the Planning&Zoning Commission and City Council concerning the City's ability
to provide police and fire services in consideration of a subject land-use request.
The ordinance would be introduced through public hearings held before the Planning Zoning Commission
and then move forward to City Council for consideration. Legal counsel and City staff members will
continue to work on the proper mechanism for incorporating an analytic method into the staff report.
Councilman McGee expressed his concern that staff proceed as quickly as possible to create the necessary
mechanisms for analyzing land-use requests. He inquired as to what are other cities in Idaho are doing in
response to the passage of HB-389.
Mayor Nar,colas reported that the City of Nampa discontinued public hearings until June 17, 2021 and
hired a consultant to review the effects of HB-389 in association with City growth. The City of Meridian
also temporarily paused public hearings relating to development requests. The City of Greenleaf is
reviewing the matter and is looking to implement a pause for development. Garden City is looking to
identify criteria for new growth. He noted that the Association of Idaho Cities requested copies of the
moratorium documentation approved by Caldwell City Council for purpose of forwarding the information
to other cities upon request. The Mayor reported that discussion continues with Canyon County officials
regarding the implementation of the statute.
Councilman Wagoner inquired if additional staff or fees would be needed in implementing the land-use
analyze process. He inquired if comments and input was sought by legal counsel from developers and
realtors in consideration of the code amendments and the analysis process.
Mr. Waterman reported that staff and legal counsel are still working through the process. He noted that
they would welcome to receiving comments from developers/realtors/etc.
Mayor Nancolas reported that a formula would be used and outlined within staff reports in analyzing each
land-use request, similar to the way that elements from the Comprehensive Plan are included in the staff
report. Safety services must be considered with future development. He noted that no new officer
positions have been proposed within the upcoming budget. Safety services could be strongly affected due
to this legislation.
Councilman Allgood commented that the formula must be consistent and developers must be aware of the
analytic process. He emphasized that the City must be able to continue providing sufficient safety services
within the community.
Councilman Callsen stated his concern how phased subdivision developments would be analyzed.
In response to questions from a citizen in attendance,the Mayor outlined the budgetary process for right-of-
way improvements within municipalities in comparison to roadways maintained by highway districts and
the Idaho Transportation Department.
Comments were provided by Rob Pilote. He expressed concern with Council's decision to pause
development. He recommended that the City move forward with accepting development requests and thus
discontinue the moratorium.
Mayor Nancolas assured Mr. Pilote that staff and Council will work as quickly as possible to resolve the
matter.
Comments were provided by Traci Kasper. She reported on the current housing storage within the area,
noting that there is only a six (6) month housing inventory and a three (3) percent vacancy rate. She
requested that construction not be halted and asked for the opportunity to provide input concerning the
matter to City staff members.
The Mayor clarified that building permits are still being issued during the moratorium period and that
previously approved preliminary plats are being honored during the paused period.
The workshop adjourned at 7:04 p.m.
BOOK 62 PAGE 96
REGULARLY SCHEDULED MEETING
CALDWELL CITY COUNCIL
June 7,2021
7:00 P.M.
MINUTES
Mayor Nancolas opened the meeting at 7:05 p.m.at the Caldwell Police Department Community Room.He
noted that a workshop was held concerning a report provided by the City Attorney regarding HB-389 and
potential amendments to the City Code.
Rod Grubb of the Montana Avenue Baptist Church provided the invocation. The Mayor led the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Allgood,
Wagoner,Callsen,Pollard(via Zoom),and McGee. Absent: Hopper
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
None.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR: [All Consent Calendar items are considered action items]
1) Approve acceptance of the minutes of the Regularly Scheduled City Council meeting held on May
1,,2021;the Special City Council meeting held on May 18, 2021; City Council Workshops held
on May 11, 2021, May 18, 2021, and May 24,2021;the Caldwell Youth Master Plan Committee
meeting held on April 22,2021; and the Caldwell Hearing Examiner meetings held on March 23,
2021 and April 27,2021;
2) Approve the Order of Decision for Final Plat Case No. SUB-21F-06(Sienna Hills No. 11);
3) Approve the Order of Decision for Final Plat Case No. SUB-21F-05 (Sienna Hills No. 12);
4) Approve the Order of Decision for Final Plat Case No. SUB21-000015(Topaz Ranch No. 1);
5) Approve Order of Decision and Amended Development Agreement for Case No. DAA-20-
01/SUB20-000012 (Selah Estates Subdivision Preliminary Plat);
6) Approve the Order of Decision for The Cedars TE21-000001;
7) Approve the Order of Decision and Development Agreement for CASE NO: PUD-21P-01
Oregon Commons;
8) Approve the Order of Decision for Case Number ANN21-000002/SUB-21P-02 (Autumn Ridge
East);
9) Approve the Order of Decision Case No.ANN21-000003/SUB-21P-03 (Autumn Ridge West);
10) Approve the Order of Decision for Case Number TE21-000003 (Cedar Crossing No. 3
Preliminary Plat);
11) Approve request from Megan Dixon to resign from the Caldwell Historic Preservation
Commission effective May 26,2021;
12) Approve request from Sacajawea Elementary School for a fee waiver in the amount of$3,600 for
use of Roberts Recreation Center for summer learning opportunities;
13) Approve Resolution No. 172-21 ratifying the Notice of Award to Central Paving, Co., Inc. for the
Rehabilitate Taxiway A and Taxiway Lighting System Project(AIP-3-16-0045-035-2021);
14) A;'prove Resolution No. 173-21 authorizing a one-time Comp Time payout of hours exceeding an
80-hour balance on June 25,2021 in the amount of$95,450.00;
15) Approve Resolution No. 174-21 authorizing a one-time Merit Pay to non-union employees on
June 25,2021 in the amount of approximately$142,063.00;
16) Approve Resolution No. 175-21 authorizing the execution of the Low/Moderate Income Single
Family Housing Development—Homeownership Model Agreement for Community Development
Block Grant (CDBG) funding with AutunmGold Senior Services, Inc. in the amount of
$120,000.00;
17) Approve Resolution No. 176-21 authorizing the execution of the Boulder Sign Agreement with
On Par Advertising,LLC for signage at Purple Sage Golf Course;
18) Approve Resolution No. 177-21 authorizing the acquisition of Artificial Intelligence Cyber
Security Software in the amount of$41,326.00 from Dark Trace for use by the IT Department;
19) Approve Resolution No. 178-21 authorizing the execution of a License Agreement with Fatbeam,
LLC to install, operate, and maintain a private network upon or within certain streets and public
right-of-way with the Caldwell City Limits;
20) Approve Resolution No. 179-21 authorizing the acquisition of a GL9-2 Golf Lift from Turf
Equipment & Irrigation in the amount of$7,600.00 for use by the Fairview Golf Maintenance
Department;
21) Approve Resolution No. 153-21 ratifying the execution of a Warranty Deed transferring real
property from the City of Caldwell to Hess Properties, LLC located on or near El Paso Road
between Willis and Purple Sage Road comprising of approximately 28.448 acres pursuant to the
Sale and Purchase Agreement executed between the two parties on or about January 28,2021;
BOOK 62 PAGE 97
22) Approve Resolution No. 181-21 authorizing the acceptance of the 2021 Audit Fee Proposal from
Eide Bailly in the amount of$59,650.00;
23) Approve Resolution No. 182-21 authorizing the execution of the Agricultural Lease Agreement
expiring December 31, 2022 with Johathan Roedel for properties located at 2101 N. Illinois
Avenue comprising of approximately 16.420 acres (Parcel A), "0"N. Illinois Avenue comprising
of approximately 11.480 acres (Parcel B); and "0" Marble Front Road comprising of
approximately 9.500 acres;
24) Approve Resolution No. 183-21 authorizing the execution of an Agreement for Professional
Services with Keller Associates, Inc. for bio solids lagoon seepage testing in the amount of
$10,000.00 for the Caldwell Wastewater Treatment Plant;
25) Approve Resolution No. 184-21 accepting a temporary easement from C & B Quality Trailer
Works, Inc. for the purpose of constructing a sanitary sewer main line across a portion of their
property;
26) Approve Resolution No. 185-21 accepting a permanent easement from C & B Quality Trailer
Works, Inc. for the purpose of constructing a sanitary sewer main line across a portion of their
property;
27) Approve Resolution No. 186-21 authorizing the execution of the Addendum to an Existing
Professional Services Agreement with Negotiation Services, LLC for the Ustick Road Widening
Project in an amount not-to-exceed$8,500.00;
28) Approve Resolution No. 187-21 accepting the bid estimate from Clearwater Landscape for the
imtallation of new sprinklers, fence repair, and new landscaping for a planter renovation at Luby
Park in the amount of$11,331.50;
29) Approve Resolution No. 188-21 amending and accepting the City of Caldwell Supplemental
Specifications for the Caldwell Municipal Irrigation District;
30) Approve Resolution No. 189-21 authorizing the execution of the Purchase Agreement with AB
Properties,LLC in the amount of$10,164,57 associated with the Ustick Road Widening Project;
31) Approve Resolution No. 190-21 accepting the Dedication of Sewer, Water, Storm Drain, Pressure
Irrigation and Street Light Facilities in the Cedar Crossing Subdivision,Phase No. 5;
32) Approve Resolution No. 191-21 accepting the Dedication of Sewer, Water, Storm Drain, Pressure
Irrigation and Street Light Facilities in the Adams Ridge Subdivision,Phase No.4;
33) Approve Resolution No. 192-21 accepting a Warranty Deed from AB Properties, LLC for future
right-of-way development along Ustick Road;
34) Approve Resolution No. 193-21 accepting a Warranty Deed from Lasher Development Co., LLC
for future right-of-way development along Ustick Road(nine-foot frontage strip);
111 35) Approve Resolution No. 194-21 accepting a Warranty Deed from Lasher Development Co., LLC
for future right-of-way development along Ustick Road(six-foot frontage strip);
36) Approve Resolution No. 195-21 accepting an Easement from Willow Falls Commercial Property
Owners Association, Inc. and Bower Chiropractic, Inc. for domestic water line service for Willow
Falls Four-Plex Units and Bower Chiropractic;
37) Approve Resolution No. 196-21 accepting Dedication of Street Light Facilities from KF89 LLC
for Desert Sage Wall Systems Development at 3901 Skyway Street;
38) Approve Resolution No. 197-21 accepting a Permanent Easement from Hopkins Mortgage Fund,
LLC for construction of a sanitary sewer main line across a portion of their property for
construction,operation and maintenance of a sanitary sewer main line;
39) Approve Resolution No. 198-21 authorizing the execution of an Easement Purchase Agreement
with C & B Quality Trailer Works, Inc. in the amount of$45,590.00 for constructing a gravity
sewer mainline;
40) Approve Resolution No. 199-21 authorizing the execution of an Easement Purchase Agreement
with Hopkins Mortgage Fund, LLC in the amount of$2,644.01 for constructing a gravity sewer
mainline;
41) Approve Resolution No. 200-21 accepting an Easement from Idaho Power Company for pressure
irrigation across a portion of their property for irrigation service for Idaho Power Company located
at 3713 Skyway Street;
42) Approve Resolution No. 201-21 authorizing the execution of a Purchase Agreement with Lasher
Development Company, LLC in the amount of $178,338.56 associated with the Ustick Road
Widening Project;
43) Approve Resolution No. 202-21 authorizing the execution of a Purchase Agreement with Gary D.
Lasher in the amount of$389.44 associated with the Ustick Road Widening Project;
44) Approve Resolution No.203-21 accepting a Warranty Deed from Gary D. Lasher for future right-
of-way development along Ustick Road(seven-foot frontage strip);
45) Approve Resolution No. 204-21 accepting a Permanent Easement from Lasher Development Co.,
LLC for construction and maintenance of a storm drain retention pond across a portion of their
property
46) Approve Resolution No. 205-21 accepting a Warranty Deed from Lasher Development Co. LLC
for future development of Ustick Road(seven-foot frontage strip);
47) Approve Resolution No. 180-21 accepting the Dedication of Sewer, Water, Storm Drain, Pressure
Irrigation and Street Light Facilities from Heartland Homes, LLC for the Woodway Estates
Subdivision.
MOVED by Pollard, SECONDED by McGee to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Pollard, McGee, Allgood, Wagoner, and Callsen. Those voting no:
none. Absent and/or not voting: Hopper.
MOTION CARRIED
BOOK 62 PAGE 98
OLD BUS:NESS
(ACTION ITEM—CONTINUED FROM APRIL 5, 2021 – PUBLIC HEARING
[LEGISLATIVE] OA-20-04 PROPOSING AMENDMENTS TO CHAPTER 10, ARTICLE 2
(SECTION 10-02-13) OF THE CALDWELL CITY CODE, REMOVING DUPLICATIVE
PROVISION RELATED TO BUSINESS PERMITS,; AND AMENDING CHAPTER 10,
ARTICLE BY ADDING A NEW SECTION ENTITLED 10-02-16 CONTAINING PROVISION
RELATED TO THE REGULATION OF BUSINESS PERMITS FOR THE CITY OF
CALDWELL.
MOVED by McGee, SECONDED by Callsen to continue the public hearing for OA-20-04 to the
Regularly Scheduled City Council Meeting to be held on July 19,2021 and 7:00 p.m.
MOTION CARRIED
NEW BUSINESS
(ACTION ITEM PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ANN21-000005, A
REQUEST TO ANNEX PARCELS R30882, R30882010, R30881012, R30881 UNDER CODE
§10-01-08-1 CATEGORY "A" ANNEXATION AS DESCRIBED IN IDAHO CODE §50-222.
THE SUBJECT PROPERTIES CONTAIN 8.675 ACRES SUBJECT TO DEVELOPMENT
AGREEMENT RECORDED AS INSTRUMENT#200101621. THE SUBJECT PROPERTIES
ARE DESIGNATED COMMERCIAL AND SERVICES IN THE COMPREHENSIVE PLAN
AND THE REQUESTED ZONE DESIGNATION IS SERVICE COMMERCIAL [C-3]
COMMENSURATE WITH THE ADJACENT PROPERTIES TO THE SOUTH, EAST AND
WEST. THE PROPERTIES LIE WITHIN THE APO 1 LAND USE LIMITATION ZONE.
THE PROPERTIES ARE LOCATED ON THE SOUTHWEST CORNER OF USTICK AND
MIDDLETON ROADS,NAMPA,ID)
The Mayor explained the quasi-judicial public hearing process and asked those in attendance who
would be providing public testimony at the public hearing,to stand and be sworn in by the City Clerk.
He then declared the public hearing open.
Jerome Mapp, Planning&Zoning Director at 621 Cleveland Boulevard, acknowledged being sworn in
and outlined the contents of the staff report. He noted that an annexation regarding the abutting parcel
along with a development agreement was initially annexed in 2001 by the parcel owner. The subject
property being considered tonight for annexation was noted within the original development agreement
and mandated that the parcel be annexed into the City of Caldwell before development could take
place.
Jeff Hatch,200 West 36th,Boise acknowledged being sworn in and spoke in favor of the request.
In response to questions from Councilman Allgood, Mr. Hatch reported that the new property owners
were made aware of the annexation mandate and sufficient documentation was provided to staff
concerning the owner's support of the request.
Mr. Mapp clarified that the development agreement required that the annexation request be approved
before any development could be conducted on the lower 25-acre parcel. The Sparks family owned
the property at the time when the original annexation request was received and approved. The new
property owners were made aware of the Category A–a voluntary annexation request.
Greg Ferney,4549 North MacKenzie Lane, Boise,acknowledged being sworn in and spoke in favor of
the request. He reported that they have worked with the current owners of the four parcels, seeking
their consent concerning the annexation request. The southern portion of the acreage would be
developed.
MOVED by Allgood,SECONDED by Callsen to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ANN-21-00005:
The Mayor presented the Evidence List: staff report, sign-up sheets, and an aerial map of ANN-21-
00005.
MOVED by Allgood, SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ANN-21-00005:
MOVED by Callsen, SECONDED by Allgood to accept the Comprehensive Plan Analysis as
presented in the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.ANN-21-00005:
BOOK 62 PAGE 99
MOVED by Allgood, SECONDED by Callsen to accept the general facts as outlined in the staff
report,the public testimony that was given in this matter,and the evidence list that was presented.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ANN-21-00005:
MOVED by Callsen, SECONDED by Wagoner that the Caldwell City Council has the authority to
hear this case and to make the decision to approve or deny; and the public hearing was noticed and
heard within the guidelines of applicable state codes and local ordinances.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN-21-00005:
MOVED by Allgood, SECONDED by McGee based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No.ANN20-000005 a request to annex 8.675 acres,
more or less, with an C-3 (Service Commercial) zoning designation in conformance with the
requirements of Development Agreement recorded as instrument #: 200101621 for the properties
R30882010(1.13 acres),R30882(1.20 acres),R30881 (1.35 acres),R30881012(5 acres),is approved
with the conditions of approval as outlined within the staff report.
Roll call vote. Those voting yes: Allgood, Wagoner, Callsen, Pollard, and McGee. Those voting no:
none. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by McGee,SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 29 [ORDINANCE NO. 3349] FOR CASE NO.
ANN21-000005 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 CONTIGUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND
THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS
PART OF THE C-3 (SERVICE COMMERCIAL)ZONE; DECLARING SAID LANDS BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;AND DIRECTING THE CLERK OF
THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF
THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE
IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE,SECTION 63-215.
MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill
No.29(Ordinance No.3349)on its first reading by title only.
Roll call vote: Those voting yes: Pollard, McGee,Allgood, Wagoner, and Callsen. Those voting no:
none. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Pollard, SECONDED by McGee to sponsor Bill No. 29(Ordinance No. 3349),move for
its passage by title only,and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, McGee, Allgood, Wagoner, and Callsen. Those voting no:
none. Absent and/or not voting: Hopper.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 32 [ORDINANCE NO. 3352] TO ANNEX BOISE
VALLEY RV PARK (INSTRUMENT NO. 2019055650) AND CALDWELL FIRE STATION
NO. #3 [INSTRUMENT NO. 2019005018] 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.
BOOK 62 PAGE 100
MOVED by Allgood, SECONDED by Callsen to waive the three reading process and consider Bill
No.32(Ordinance No.3352)on its first reading by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Callsen, Pollard, and McGee. Those voting no:
none. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Allgood, SECONDED by McGee to sponsor Bill No. 32 (Ordinance No. 3352) and
move for its passage by title only.
Roll call vote: Those voting yes: Allgood, Wagoner, Callsen, Pollard, and McGee. Those voting no:
none. Absent and/or not voting: Hopper.
(ACTION ITEM: CONSIDER RESOLUTION ACCEPTING THE CITY OF CALDWELL'S
ALLOCATION FROM THE AMERICAN RESCUE ACT IN THE AMOUNT OF
$12,481.887.00 AND PROVIDE FOR THE FINANCE DIRECTOR TO REQUEST THE FUNDS
THROUGH THE TREASURY SUBMISSION PORTAL)
MOVED by Callsen, SECONDED by McGee to continue this item to the next Regularly Scheduled
City Council Meeting to be held on June 21,2021 at 7:00 p.m.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the
amount of$3,536,371.91 for the period ending June 2,2021, a net payroll of$396,805.52 for the pay
period ending May 22,2021.
MOVED by Pollard, SECONDED by Allgood that accounts payable in the amount of$3,536,371.91
by check numbers 153713 through 154182 and payroll in the amount of$396,805.52 represented by
check numbers 35939 through 35952 and payroll in the amount of$392,916.81 represented by check
number s 35953 through 35976 and direct deposits be accepted,payments approved and vouchers filed
in the.,ffice of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard reported that he will be undergoing a medical procedure tomorrow.
Councilman Callsen reported that Firefighter Labor Union Negotiations are underway.
(MAYOR'S COMMENTS)
The Mayor reported on the success of his recent surgery and expressed appreciation to Council
President Allgood for chairing the Council Meetings in his absence.
The Mayor reported that a video was provided to the Caldwell High School with him greeting the new
graduates since he was not able to attend the recent ceremony.
The Mayor emphasized that it is not the intent of the City of Caldwell to stop development progress,
but to provide a remedy to manage the potential effect of HB-389. Any suggestions offered by the
public will be reviewed by City staff.
(ADJOURNMENT)
MOVED by McGee,SECONDED by Callsen to adjourn at 7:45 p.m.
MOTION CARRIED
BOOK 62 PAGE 101
APPROVED AS written THIS 21" DAY OF June 2021.
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