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HomeMy WebLinkAbout2021-12-06 City Council AgendaPage 1 of 4 PUBLIC MEETING INFORMATION CITY OF CALDWELL Due to the COVID-19 pandemic, we invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever, or are not feeling well, please contact Planning & Zoning staff to arrange participation remotely. The City of Caldwell follows the CDC guidelines to allow for distancing in the public meeting area and provide masks/hand sanitizer on site. Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During the registration process, you will be asked what item on the agenda you wish to speak about. Please use the case number as listed within the written notice. On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the green “public meetings” button on the center of the page. After registration, you will receive a confirmation email containing information about joining the virtual meeting. REGISTER HERE: https://www.cityofcaldwell.org Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at P&Z@cityofcaldwell.org to be included within the staff report. All comments received after the staff report has been transmitted will be included in the case file and provided as late exhibits at the appropriate public hearing. Live Stream Viewing: If you are not planning to speak, members of the public are encouraged to view the meeting via the live stream option: https://www.youtube.com/channel/UCci7S1A0UJNK6asXxxugLGA CITY COUNCIL WORKSHOP Monday, December 6, 2021 6:00 PM 1) Discuss the recent rise in thefts of catalytic converters across the country (and in Caldwell), and proposed amendments to the city code intended to counter this trend. 2) Review the current regulation of alcohol licenses in Caldwell and discuss the adoption of a point system to ensure accountability for the responsible dispensing of alcohol within the city. REGULAR CITY COUNCIL MEETING AGENDA Monday, December 6, 2021 7:00 PM INVOCATION OFFERED BY PASTOR NATHANIEL HAMPTON OF CALVARY TEMPLE. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. a. Report from Dan Everhart, SHPO Outreach Historian (Historic Properties Downtown Caldwell) 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 November 15,2021; a Special City Council meeting held on November 5, 2021; a City Council Workshop held on November 29, 2021, the Senior Citizen Center Commission meeting held on July 15, 2021 and November 16, 2021; the Caldwell Historic Preservation Commission meeting held on August 11, 2021; the Caldwell Hearing Examiner Meeting held on November 9, 2021; the Caldwell Youth Master Plan Committee and revised minutes for Caldwell Hearing Examiner held September 28, 2021; 2. Approve Order of Decision for Final Plat for SUB21-000047 (Mandalay Ranch No. 2); 3. Approve Order of Decision for Final Plat for SUB21-000033 (Mason Creek Landing No. 3); 4. Approve Order and Development Agreement for Case No. PUD21-000003/SUB21-000011 (Passero Ridge Subdivision); 5. Approve Order and Development Agreement for Case No. PUD21-000002 (Mino Aka Subdivision); 6. Approve Order of Decision Case No. TE21-000006 (Mason Creek Landing Subdivision); Page 2 of 4 7. Approve Resolution authorizing the execution of the Independent Contractor Agreement with Bruce Eggleston effective October 1, 2021 to September 30, 2022; 8. Approve request for an Alcohol Beverage License (beer & wine) from Montucky Brewing LLC doing business as White Dog Brewing at 712 Arthur Street, Suite A; 9. Approve request for an Alcohol Beverage License (beer & wine) from The STIL, LLC doing business as The STIL at 712 Arthur Street, Suite B; 10. Approve request for an Alcohol Beverage License (liquor, beer & wine) from Casa Anejo, LLC doing business as Casa Anejo at 812 Main Street; 11. Approve Resolution identifying the only available vendor as a sole source for a container handling truck and to approve the purchase, after satisfying the statutory notification period, of a Quickloadz Intermodal Container Trailer in the amount of $99,032.00 for use by the Caldwell Fire Department; 12. Approve Resolution authorizing the payment of $328,342.48 for the refurbishment of CFD Engine 111 to be reimbursed from Caldwell Rural Fire; 13. Approve Resolution authorizing the purchase of a pickup truck from Chromedata through the competitive bid process in the amount of $38,478.00 for use and reimbursement by Caldwell Rural Fire District; 14. Approve Resolution authorizing the purchase of one (1) vehicle in association with the two (2) new officer positions in the amount of $75,000.00 for use by Caldwell Police Department; 15. Approve Resolution authorizing the purchase of a replacement roof top HVAC unit at the Development Services Building (621 Cleveland Boulevard) in the amount of $10,087.00 from Heating Equipment Company; 16. Approve Resolution accepting an estimate from Drilltech, Inc. for abandonment of the Caldwell Pool Geothermal Well in the amount of $40,000 pursuant to Idaho Code 67-2803’ 17. Approve Resolution authorizing the execution of the User’s Agreement with Caldwell Girls Athletic League Softball, Inc. (GALS) effective October 1, 2021 to September 30, 2021; 18. Approve Resolution authorizing the execution of Modification No. 6 to Memorandum of Agreement No. R15MR11723 with the Bureau of Reclamation and Pioneer Irrigation extending title transfer process time period; 19. Approve Resolution authorizing amendments to the City of Caldwell Safety Boot Policy and set an effective date of December 6, 2021; 20. Approve Resolution authorizing the ratification of the trustees of the City of Caldwell Employee Benefit Plan Trust for execution of the Consulting and Business Associate Agreement between the City of Caldwell Employee Benefit Plan Trust and the Murray Group for the purpose of providing human resource and broker services effective October 1, 2021 – September 30, 2022; 21. Approve Resolution authorizing the ratification of the trustees of the Caldwell Employee Benefit Plan Trust for execution of the Employee Navigator Agreement with the Murray Group with an effective date of October 1, 2021 – September 30, 2022; 22. Approve Resolution authorizing the ratification of the trustees of the Caldwell Employee Benefit Plan Trust for execution of the COBRA Administration Agreement with the Murray Group with an effective date of January 1, 2022 – December 31, 2022; 23. Approve Resolution accepting the Dedication of Sewer, Water, Storm Drain, Pressure Irrigation, and Street Light Facilities in the Delaware Park Subdivision, Phase No. 1, Unit No. 9 from Challenger Development, Inc. 24. Approve Resolution accepting an Easement concerning the dedication of water and sewer mainlines (not services) from Hardy Estates, LLC; 25. Approve Resolution accepting a Quitclaim Deed from Donald Vandyke of frontage property for future right-of-way development of North KCID Road; 26. Approve Resolution accepting a Warranty Deed from Gerald M. Smart of frontage property for future right-of-way development of Florida Avenue; 27. Approve Resolution accepting a Relocation Agreement with Caldwell Irrigation Lateral District for pressure irrigation lines to accommodate the City of Caldwell Sewer Project; 28. Approve Resolution authorizing the execution of a Purchase Agreement with Gerald M. Smart for right-of-way associated with the Ustick Road and Florida Avenue Roundabout Project; 29. Approve Resolution authorizing the execution of a Deferral Agreement with Reyn olds Brothers Construction, LLC for public improvements at 4523 Piute Place; 30. Approve Resolution authorizing the execution of a Right-of-Way Exchange Agreement with Donald Paul Vandyke for property known as 203 N. KCID Road (Parcel No. R3523701100) for the purpose of frontage improvements; 31. Approve Resolution authorizing the City Engineer to execute a Task Order for Bridge Design – Indian Creek and Ustick Road with Bowen Collin Associates in the amount of $140,650.00 for the Ustick Widening Project; 32. Approve Resolution authorizing the execution of an Acknowledgement of Encroachment with Mallard Cove, LLC located on South 34th Avenue for use of public right-of-way for additional parking; Page 3 of 4 33. Approve Resolution authorizing the execution of a Purchase Agreement with Wal-Mart Real Estate Business Trust in the amount of $88,366.32 to acquire right-of-way and a temporary easement at 5108 Cleveland Boulevard for future right-of-way development of Ustick Road; 34. Approve Resolution accepting a Warranty Deed from Wal-Mart Real Estate Business Trust of property frontage for future right-of-way development of Ustick Road; 35. Approve Resolution accepting a Removal of Personal Property Agreement with Megan Naranjo at 5015 E. Ustick Road, Space #8 to accommodate the Ustick Road Widening Project; 36. Approve Resolution accepting a Removal of Personal Property Agreement with Maximion Duran at 5015 E. Ustick Road, Space #2 to accommodate the Ustick Road Widening Project; 37. Approve Resolution accepting four (4) Statements of Acknowledgement for building within an Easement or Right-of-Way from Mussell Construction, Inc. for properties located at 310, 312, 318, and 322 South Kimball Avenue as part of building permits BC21-000198, BC21-000199, BC21-000202, and BC21-000203. OLD BUSINESS: 1) ACTION ITEM Public Hearing (LEGISLATIVE): [Continued from September 7, 2021 to October 4, 2021 and to be continued to November 1, 2021 to December 6, 2021] Case No. OA- 21-11 Ordinance Amendment: A request by the Planning and Zoning Department amending the Residential Land Use Schedule – Table 1, regarding the development of Multi-Family Housing in Commercial (C1, C2, C3, C4), Highway Corridor (HC), Traditional Neighborhood (TN) and College District (CD) zones. 2) ACTION ITEM: Consider Bill No. 33 Ordinance 3371 proposed amendments to Chapter 10 of the Caldwell City Code 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-21-08, [Continued from November 15, 2021 and August 14, 2021 a request by the Planning and Zoning Department amending Chapter 10, Article 12, City Center Zoning District, of the Caldwell City Code and with a new designation of Central Business Zoning District and text changes to implement. 4) ACTION ITEM: Consider Bill No. 47 Ordinance 3366 proposed amendments to Chapter 10, Article 12 of the Caldwell City Code with a request to waive the rules, pass on the first reading, and approve the summary for publication. 5) ACTION ITEM: Public Hearing (Quasi-Judicial): Case No. TE21-000005: [Continued from November 15, 2021] J & J Property Development, LLC is requesting a 24 month Time Extension of a Preliminary Plat for Cirrus Pointe Subdivision specific to Phase 7 & 8 as required by order of decision case file TE-20-07 approving development of Phase 6 containing 76 residential lots and requiring an additional time extension application for subsequent phases of 7 & 8 reflecting the amendments of the required access to the southerly out parcels, the realignment of Cirrus Drive and Montana Avenue, and the affected lot layout providing for public review of the proposed amendments to the original preliminary plat. The original development approval consists of 373 residential lots in an R-1 (Low Density Residential) zone on 162.48 acres. Phases 1-5 containing 159 residential lots were developed prior to 2020. The applicant is requesting to complete the remaining 214 residential lot development of Cirrus Pointe. The 2040 Comprehensive Plan designation is Low Density Residential. The development is located at the southeast corner of Montana Avenue and Orchard Street in Caldwell, ID. 6) ACTION ITEM: Public Hearing (Legislative) for consideration of increases over 5% of that previously charged for Fire, Parks, and Police Impact Fees. 7) ACTION ITEM: Consider approval Resolution No. 422-21 authorizing increases for Fire, Parks, and Police Impact Fees. 8) ACTION ITEM: Consider approval of Resolution No. 379-21(A) accepting amendments to the Intergovernmental Agreement for Roles and Responsibilities for portions of the Caldwell North Urban Renewal Area previously approved on November 1, 2021. NEW BUSINESS: 1) ACTION ITEM: Consider approval of Resolution No. 421-21 authorizing the dedication and naming of Sisters Park adjacent to Brothers Athletic Park located on South Indiana Avenue. 2) ACTION ITEM: Public Hearing (Quasi-Judicial): Case No. ADM-21-02: A request by McCain Foods USA. Inc. to terminate a development agreement associated with Parcel No. R35307010, and Sky Ranch Business Park, Lots 1-3, Block 1, (parcels R35307102, R35307100A, and R35307100), Caldwell, Idaho. Subject to current City of Caldwell standards and/or s pecific to prior development, projects shall no longer apply to the subject properties. The Caldwell Hearing Examiner forwarded this case with a recommendation of approval on November 9, 2021. 3) ACTION ITEM: Consider the execution of the Order of Decision for Case No. ADM-21-02. 4) ACTION ITEM: Consider approval of Resolution No. 423-21 authorizing the execution of the Termination of the Development Agreement associated with McCain Foods URA, Inc. (Case ADM-21-02). Page 4 of 4 5) ACTION ITEM: Public Hearing (LEGISLATIVE): Case No. OA-21-12 “Development Impact Fee Advisory Committee” Ordinance Amendment: A proposed ordinance amendment of chapter 10, article 09, section 10-09-07(6), of the Caldwell city code, pertaining to the frequency with which reports shall be prepared b y the development impact fee administrator and presented to the Development Impact Fee Advisory Committee and City Council; amending chapter 10, article 09, section 10-09-11, of the Caldwell city code, pertaining to the formation and continuation of the “Development Impact Fee Advisory Committee”; providing an effective date; providing for severability; and repealing all ordinances, resolutions, orders and parts thereof, in conflict herewith and Chapter 11, Article 02, Section 11-02-02, of the Caldwell City Code, at Subsection (1)(C)(1) thereof, pertaining to the use of the proper name of a subdivision, as reflected on the recorded final plat. The Planning and Zoning Commission forwarded this case with a recommendation of approval on November 16, 2021. 6) ACTION ITEM: Consider Bill No. 55, Ordinance 3374 proposed amendments to Chapter 10 and Chapter 11 of the Caldwell City Code with a request to waive the rules, pass on the first reading, and approve the summary for publication. 7) ACTION ITEM: Public Hearing (LEGISLATIVE): Case No. OA-21-13 The City of Caldwell Planning and Zoning department is proposing amendments to Chapter 11, Article 3, Chapter 11 - 03-02 of the Caldwell City Code, containing street and common driveway requirements for development in the City of Caldwell; and also amending Chapter 10, Article 3, Section 10-03-07, of the Caldwell City Code, pertaining to Planned Unit Development street requirements; providing for an effective date; providing for severability; and repealing all ordinances, resolutions, orders and parts thereof, in conflict herewith. The Planning and Zoning Commission forwarded this case with a recommendation of approval on November 16, 2021. 8) ACTION ITEM: Consider Bill No. 60, Ordinance 3379 proposed amendments to Chapter 10 and Chapter 11 of the Caldwell City Code with a request to waive the rules, pass on the first reading, and approve the summary for publication. 9) ACTION ITEM: Consider Bill No. 66, Ordinance 3384 amending Chapter 4, Article 19, Section 04-19-07, Section 04-19-07-01, Section 04-19-07-03, Section 04-19-07-15, Section 04- 19-07-17, Section 04-19-11, and Section 04-19-15 of the Caldwell City Code pertaining to the City of Caldwell Erosion and Sediment Control/Grading with a request to waive the rules, pass on the first reading, and approve the summary for publication. 10) ACTION ITEM: Consider Bill No. 67, Ordinance 3385 to annex Delaware Park Subdivision Phase No. 1, Unit 9 (Instrument No. 2021058796) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 11) ACTION ITEM: Consider Bill No. 68, Ordinance 3386 to annex Brittany Heights Subdivision Phase No. 1 (Instrument No. 2021054321) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 12) ACTION ITEM: Consider Bill No. 69, Ordinance 3387 to annex Ferncroft Subdivision Phase No. 1 (Instrument No. 2021072072) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 13) ACTION ITEM: Consider Bill No. 70, Ordinance 3388 to annex Delaware Park Subdivision No. 2, Phase No. 7 (Instrument No. 2021042679) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 14) ACTION ITEM: Consider Bill No. 71, Ordinance 3389 to annex Pennsylvania Park Subdivision Phase No. 4 (Instrument No. 2021051785) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 15) ACTION ITEM: Financial Report acceptance. 16) Council Reports. 17) Mayor’s Comments. 18) Adjournment. Next Regular City Council Meeting is on Monday, December 20, 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.cityofcaldwell.com. Cualquier persona que necesita arreglos especiales para participar en la reunión debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o llame al # 455 a 4656 antes de la reunión.