HomeMy WebLinkAbout2011-02-07city council minutes
PAGE 15 BOOK 52 SPECIAL MEETING February 7, 2011 6:30 p.m. (PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED USAGE PLANS BY THE CALDWELL FIRE DEPARTMENT FOR THE CITY-OWNED
BUILDING LOCATED AT 423 BLAINE STREET) Council Members present: Blacker, Hopper, Callsen, Dakan (via phone), and Sobba. The Mayor declared the workshop open. Staff Members in attendance:
Mark Wendelsdorf Chief Wendelsdorf presented information concerning Fire Department administrative personnel relocating their offices to 423 Blaine Street. He noted that the Fire Prevention
Office, which currently utilizes space in the Nichols Building, located at 714 Blaine Street, would relocate as well. Currently the rented space costs $1,100 per month with approximately
18 months remaining on the lease. He presented a plan of how the Fire Department could utilize space by relocating their administration personnel and the Fire Prevention Office including
Pat Cook, Chief Wendelsdorf, Steve Donahue, Andy Cater, Melinda Allgood, and Meredith Dille to 423 Blaine Street. One room would be designated as the control center for distance learning
sessions with output transmitted to Stations 1 and 2 as well as the Notus location. No remodeling work is necessary on the building for the CFD to assume occupancy. Discussion followed
concerning the use of the conference room at 423 Blaine Street until the lease expires. Chief Wendelsdorf responded that the room would continue to be used for training sessions until
the internet systems are put in place for the distance learning center to be operated from 423 Blaine Street. It was suggested that City administration come up with a workable plan to
meet the needs of both the Caldwell Fire Department and the Caldwell Fire Department concerning their limited space issues. It was suggested that an inventory be conducted of all buildings
for possible staff repositioning to meet current needs. No decisions were made or action taken within this workshop. Workshop dismissed at 6:59 p.m. REGULAR MEETING February 7, 2011
7:7:00 P.M. The Mayor reported that a City Council Public Workshop was conducted at 6:30 p.m. concerning the potential use of the building located at 423 Blaine Street. No decisions
were made or action taken within the workshop. The Mayor asked that everyone stand for the invocation offered by Pastor Ron Clegg of New Life Celebration Church of God and remain standing
for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Hopper, Callsen, Dakan (via phone), and Sobba. CONFLICT
OF INTEREST DECLARATION No declarations were made by the Council Members. SPECIAL PRESENTATIONS Report concerning the Caldwell Urban Renewal Agency Financial Audit: ElJay Waite, Chairman
of the Caldwell Urban Renewal Agency (URA) at 411 Blaine Street, presented the financial audit report and stated that the Urban Renewal Agency it was given a “clean opinion” report by
the auditing firm of Eide Bailly. He highlighted the management discussion page and the assets/liabilities analysis. He noted that the URA ended the year with $3,560,518 in cash of which
approximately one million dollars of that amount was used to finalize the purchase of the Treasure Valley Community College building. The TVCC building purchase event is highlighted
on page 21 of the audit report under “Subsequent Events.” Mr. Waite continued by explaining that City Council agreed to enter into a Purchase Sale Agreement with the developer of the
Treasurer Valley Building. The City purchased the building and then immediately sold it to the Urban Renewal Agency. The interest on the building will yield $780,000 profit, which is
interest for four years at five (5) percent. He highlighted the fact that at a time when the City’s excess funds were earning less than 40 basis points, the City Council made a decision
over the next four years to turn it into five (5) percent interest. The six million dollars which was spent on October 6, 2010, will be repaid by the Urban Renewal Agency in the next
four years with interest. Mr. Waite stated: “This is a very good thing for the City’s finances and the improvement in the fund
PAGE 16 BOOK 52 balance that will occur in the City’s enterprise fund, the street fund, and the cemetery fund that helped provide monies for the purchase. It will assist those funds
with extra projects because of the revenue.” It was noted by the auditors that the audit process took a little more time than usual. Mr. Waite explained that this was due to personnel
reductions within the Finance Department because of a downturn in the economy. Caldwell High School American Government Class-Citizenship in Action: The Mayor acknowledged Ms. Jackson
and Ms. Adams, American Government teachers at Caldwell High School. Approximately fifty students who were in attendance stood and stated their name. ADDITIONS OR DELETIONS TO THE AGENDA
None. AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance
of the minutes from the Regular City Council Meeting held on January 18, 2011; the Caldwell Traffic Commission Meeting held on January 4, 2011; the City of Caldwell Employee Benefit
Plan Trustee Meeting held on January 24, 2011; the Caldwell Hearing Examiner Meeting held on January 11, 2011; the Historic Preservation Meeting held on December 27, 2010; and the Pathways
and Bike Routes Committee Meeting held on November 16, 2010; 2. Approve Order of Decision for Case No. SUB/PUD-205P-10 (Whitney Springs Subdivision); 3. Approve Resolution No. 12-11authorizing
waiver of special use permit application fees in the amount of $551.70 for a special use permit application for an electronic reader board at Central Canyon Elementary School in Caldwell;
4. Approve Resolution No. 13-11 authorizing the execution of the Consent to Use Agreement between the City of Caldwell and the Bureau of Reclamation; 5. Approve Resolution No. 11-11
authorizing the Joint Funding Agreement for the collection of water quality data on the Boise and Snake Rivers and the Water Quality Monitoring Memorandum of Understanding Cost Share
for FY-2011 City of Boise, City of Meridian, City of Caldwell, and the City of Nampa; 6. Approve minor amendments to the Pathways and Bike Routes Master Plan; 7. Approve request from
Hope’s Door to waive the building, plumbing, mechanical, and electrical permit fees associated with the existing shelter facility; ` 8. Approve request by the Osher Institute to waive
the rental fee at the Caldwell Train Depot for a Life Long Learning Course Meeting on April 27, 2011; 9. Approve the appointment of Canyon County Commissioner Kathryn Alder to the Caldwell
Urban Renewal Agency Board for a term ending December 31, 2012. MOVED by Blacker, SECONDED by Hopper to approve the Consent Calendar as printed. Roll call vote. Those voting yes: Blacker,
Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: (CONSIDER BILL NO. 34 [ORDINANCE NO. 2849] FOR CASE NO. ANN-185-10
[HERITAGE COMMUNITY CHARTER ANNEXATION] WITH THE 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 R-3 (HIGH DENSITY RESIDENTIAL) 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.
PAGE 17 BOOK 52 MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 34 (Ordinance 2849) on its first reading by title only. Roll call vote.
Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill
No. 34, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. . Those voting no: none. Absent and/or
not voting: none. MOTION CARRIED NEW BUSINESS: (RECOMMENDATION TO THE CITY COUNCIL FROM MAYOR NANCOLAS FOR THE APPOINTMENT OF SHANNON OZUNA AS A CITY COUNCIL MEMBER TO REPLACE COUNCILMAN
OATES) The Mayor explained the selection process which was followed for filling the open position: • The public was invited to submit applications. • Eleven applications were received.
• An interview committee was created to include members from the College of Idaho (Jasper Licalzi), the Chamber of Commerce (Leslie Eaton), the Caldwell School District (Leif Skyving),
City Council President (Jim Blacker), and the City of Caldwell Human Resource Director (Monica Jones). • All candidates were interviewed by the Committee and ranked based on both their
application (indicating their education and prior experience) and response to the interview questions. • Shannon Ozuna and Bob Larson were then recommended by the interview committee
as the top two candidates for filling the City Council position. • The final interview was conducted by the Council President and the Mayor. The Mayor announced the recommendation of
Shannon Ozuna to be appointed for the remainder of the seat vacated by Councilman Rob Oates. MOVED by Hopper, SECONDED by Dakan to accept the recommendation of Shannon Ozuna as the City
Council Member to fulfill the remainder of term for Councilman Oates. Councilman Blacker clarified that all candidates were asked the same questions and Mayor Nancolas did not participate
in the original interviews of the eleven candidates. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: none.
MOTION CARRIED The Mayor performed the Oath of Office for Ms. Ozuna. Ms. Ozuna expressed her excitement to be representing the citizens of Caldwell. She introduced members of her family
who were in attendance. The Mayor stated that Ms. Ozuna was previously provided with agenda packet information concerning tonight’s meeting. She stated that she was prepared to participate
in the remaining agenda items. (CONSIDER BILL NO. 7 [ORDINANCE NO. 2866] IN CONNECTION WITH THE CREATION OF LOCAL IMPROVEMENT DISTRICT NO. 10-4 WITH A REQUEST TO WAIVE THE RULES AND
PASS ON THE FIRST READING) Robb McDonald of the Engineering Department, 621 Cleveland Blvd., presented the staff report. He noted that Ordinance No. 2860 was passed on January 4, 2011
concerning the creation of LID No. 10-4. However, it was noted after-the-fact that the geographical delineation within the ordinance was incorrect. The focus of the ordinance was intended
only for the downtown core only, but the previous ordinance addressed a much larger area. This amendment corrects the geographical area. The Mayor read the ordinance by title only: AN
ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 10-4 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES AND DECORATIVE
SIDEWALK IMPROVEMENTS; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENIFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE
PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. In response to questions from Councilman
Hopper, Mr. Hilty stated that the bill will rescind action of the previous bill.
PAGE 18 BOOK 52 MOVED by Hopper, SECONDED by Blacker to approve Bill No. 7 (Ordinance No. 2866) as a replacement ordinance for the re-creation of Local Improvement District 10-4, to
waive the three reading process and consider Bill No. 7 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those
voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 7 (Ordinance No. 2866) and move for its passage. Roll call vote.
Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 8 (ORDINANCE NO. 2867) IN
CONNECTION WITH ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL, IRRIGATION DISTRICT: CIRRUS POINTE SUBDIVISION PHASE NO. 1 (INSTRUMENT NO.
200725758) WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland Blvd, presented the staff report. He noted that Ordinance No. 2867 and Ordinance
No. 2868 deal with annexations into the Caldwell Irrigation District. Ordinance No. 2867 is in reference to an agreement made with the Cirrus Pointe Subdivision and Ordinance No. 2868
deals with a request by the City of Caldwell to place two public parks within the Caldwell Irrigation District. 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 Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 8 (Ordinance No. 2867) on its
first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 8 (Ordinance No. 2867) and move for its passage. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and
Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED The Mayor acknowledged Mr. Orville Collins as a community leader and volunteer and expressed appreciation
for his participation in the completion of the old Caldwell High School/Jefferson Junior High School Memorial at the corner of 12th Avenue and Dearborn Street. (CONSIDER BILL NO. 9 [ORDINANCE
2868] IN CONNECTION WITH ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT: BROTHERS PARK [R3583401000] AND GRIFFITHS PARK
[R3533300000, R3533301100, AND R3533301200] WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The 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 Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 9 (Ordinance No. 2868)
on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none.
PAGE 19 BOOK 52 MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 9 (Ordinance No. 2868) and move for its passage. Roll call vote. Those voting yes: Hopper, Callsen,
Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL] – CASE NO. ZON-73-11 A REQUEST BY CALDWELL SCHOOL
DISTRICT #132 FOR A COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL AND A REZONE FROM R-1 LOW DENSITY RESIDENTIAL TO R-3 HIGH DENSITY RESIDENTIAL
FOR THREE PIECES OF PROPERTY – ONE LOCATED AT THE NORTHEAST CORNER OF KIMBALL AND POPLAR; ONE LOCATED AT THE SOUTHEAST CORNER OF KIMBALL AND POPLAR; AND THE LAST LOCATED ON THE SOUTH
SIDE OF POPLAR APPROXIMATELY 97 FEET EAST OF KIMBALL) The Mayor explained the public hearing/quasi-judicial process and asked the City Clerk to swear in those who would be providing
public testimony. He declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. She stated that the Hearing
Examiner recommended approval of the rezone and the comprehensive plan map change. She presented an aerial map of the site, which the Mayor labeled as CC-1000. Orville Collins, 2805
Blaine Street, acknowledged being sworn in and spoke in favor of the request. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON-73-11: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (aerial map presented by Anne Marie Skinner). MOVED
by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-73-11: MOVED by Hopper, SECONDED by Blacker 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-73-11: MOVED by Hopper, SECONDED by Blacker to
accept the general general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that there was no
opposition to the request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-73-11: MOVED by Hopper, SECONDED by Blacker 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-73-11: MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders Case No. ZON-73-11,
a request by Caldwell School District #132 for a Comprehensive Plan Map change from Low Density Residential to High Density Residential and for a rezone from R-1 Low Density Residential
to R-3 High Density Residential for three pieces of property – one located at the northeast corner of Kimball and Poplar; one located at the southeast corner of Kimball and Poplar; and,
one located on the south side of Poplar approximately 97 feet east of Kimball, is approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper,
Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION
CARRIED (PUBLIC HEARING [QUASI-JUDICIAL] – CASE NO. ZON-72-11 A REQUEST BY CHARLES HEMENWAY FOR A COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL AND A REZONE
FROM R-1 LOW DENSITY
PAGE 20 BOOK 52 RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL ON PROPERTY LOCATED ON THE SOUTH SIDE OF LINDEN STREET APPROXIMATELY 560 FEET WEST OF THE INTERSECTION OF LINDEN STREET AND
10TH AVENUE WITH A TAX PARCEL NO. OF R35268 AND AN ADDRESS OF 314 E. LINDEN STREET CONSISTING OF 0.36 ACRES) The Mayor declared the public hearing open. Anne Marie Skinner, 621 Cleveland
Blvd., acknowledged being sworn in and presented the staff report. She noted that staff recommends approval of the request. She presented an aerial map of the site, which the Mayor labeled
as CC-1000. Charles Eugene Hemenway, 314 E. Linden, acknowledged being sworn in and spoke in favor of the request. He noted that the use of the beauty shop was allowed under a special
use permit (SUP) approximately 35 years ago; however, the original SUP file cannot be located within the Planning & Zoning Department. He would like to continue the present use of the
residence and a beauty shop with possible expansion of the beauty shop in the future. By changing the zone, it would bring the property into conformance with the zoning ordinance and
allow the possible future expansion of the business. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE
NO. ZON-72-11: The Council President presented the Evidence List: staff report, sign-up sheets and CC-1000 (aerial map presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by
Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-72-11: MOVED by Hopper, SECONDED by Blacker 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-72-11: MOVED by Hopper, SECONDED by Blacker to accept the general
facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that there was no opposition to the request.
MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-72-11: MOVED by Hopper, SECONDED by Blacker 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-72-11:
MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders Case No. ZON-72-11, a request by Charles Hemenway for
a Comprehensive Plan Map change from Low Density Residential to Commercial and for a rezone from R-1 Low Density Residential to C-1 Neighborhood Commercial on property located on the
south side of Linden Street approximately 560 feet west of the intersection of Linden Street and 10th Avenue with a Tax Parcel No. of R35268 and an address of 314 E. Linden Street consisting
of 0.36 acres, is approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no:
none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL] – CASE NO. DAN-185-11
A REQUEST BY JOHN AND SHAWNA PAINE TO DE-ANNEX FROM THE CITY OF CALDWELL 1.59 ACRES ADDRESSED AS 15279 INDIANA AVENUE AND LOCATED ON THE WEST SIDE OF INDIANA AVENUE APPROXIMATELY 938
FEET SOUTH OF CIRRUS DRIVE) The Mayor declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. She noted
that staff recommends approval of the request. She presented an aerial map of the site, which the Mayor labeled as CC-1000. She emphasized that this parcel was inadvertently included
in the annexation with the Cirrus Pointe Subdivision. No paperwork reflects approval by the parcel owner to include the property within the original annexation request. The owner did
not sign the application, the the development agreement, or the preliminary plat for Cirrus Pointe. The only reference
PAGE 21 BOOK 52 to the parcel was from the applicant where a note was added to the file after the Planning & Zoning hearing stating: “The applicant has decided after the Planning & Zoning
Commission Hearing to annex the outparcels.” Ms. Skinner reported, however, that the applicant was not the property owner and did not have permission from the property owner to include
the parcel within the annexation request. Ms. Skinner continued by stating that City staff was concerned about gaining applicable right-of-way for improvements to Indiana Avenue should
the Cirrus Pointe Subdivision progress. She reported that Mr. Paine is in agreement with the dedication of right-of-way along the subject property’s frontage to the City as a condition
of approval for the de-annexation. In response to questions from Councilman Hopper, Ms. Skinner reported that she has reviewed testimony from past City Council minutes. The issue concerning
outparcels was not mentioned in the minutes by the property owner. The property owner did did not sign in at the public hearing. In addition, the property was not legally posted at the
site or within the newspaper and no mailing was sent to surrounding property owners. The subject parcel is not mentioned within the development agreement. Debra Schultz, 12538 South
Indiana, acknowledged being sworn in and spoke in favor of the request. John Paine, 16488 S. Montana, acknowledged being sworn in and spoke in favor of the request. He noted that when
he purchased the property from his father, they were surprised to find out that the property had been annexed into the City of Caldwell. He reported that the parcel is used for parking.
The old farm house located on the site is currently not occupied and will eventually be demolished. Shawna Paine, 12358 South Indiana, acknowledged that she was sworn in and was present
to support her husband concerning this request. In response to questions from the Mayor, Ms. Skinner noted that the property is not hooked up to City services. The applicant is in favor
of dedicating the right-of-way as a condition of the de-annexation. The neighboring properties to the east of the subject property are located in the county, which assists with no enclaves.
In 2007 Mr. Paine requested the de-annexation of another outparcel further west of the site which was also inadvertently annexed with the Cirrus Point Subdivision. That de-annexation
request was approved. Brent Orton, 621 Cleveland Blvd., indicated that there are no foreseen infrastructure problems with the de-annexation request. In response to questions from Commissioner
Hopper, Ms. Skinner noted that there were conditions stated in the Development Agreement to make the appropriate street frontage improvements along Indiana Avenue, if the outparcels
were either annexed or had the right-of-way dedicated. She emphasized that Cirrus Pointe is responsible for those improvements. Councilman Hopper asked if Mr. Paine was aware of and
agreeable to a possible forced annexation in the future for the sake of safety services and infrastructure if the parcel located to the east determined to annex into the City, thus creating
an enclave. Mr. Paine stated that he was aware of this possible requirement at some point in the future if the need were to arise. He clarified that the previous de-annexation in 2007
was from his father. Councilman Callsen asked if the Paine family was offered their due process rights concerning this issue. Mark Hilty, City Attorney of 1303 12th Avenue Road, Nampa,
stated that has not had the opportunity to analyze whether the property was appropriately annexed in the beginning. He noted that a hearing notice is not necessarily required for an
annexation as long as it meets the requirements of the law in place at the time. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED
EVIDENCE LIST FOR CASE NO. DAN-185-11: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (aerial map presented by Anne Marie Skinner). MOVED
by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. DAN-185-11: MOVED by Hopper, SECONDED by Callsen to accept the general
facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that there was no opposition to the applicant’s
request for de-annexation. MOTION CARRIED
PAGE 22 BOOK 52 CONCLUSIONS OF LAW ON CASE NO. DAN-185-11: MOVED by Hopper, 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. DAN-185-11: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders Case No. DAN-185-11, a request by John and Shawna Paine to de-annex from the City of Caldwell 1.59 acres addressed as 15279 Indiana Avenue and located on the
west side of Indiana Avenue approximately 938 feet south of Cirrus Drive is approved with the conditions outlined within the staff report that the applicant would dedicate the right-of-way
appropriate for further improvements to Indiana Avenue. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not
voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED The Mayor declared a short recess. (PUBLIC HEARING [LEGISLATIVE] – CASE
NO. OA-136-10 A REQUEST BY THE PATHWAYS AND BIKE ROUTE COMMITTEE AND THE PLANNING AND ZONING DEPARTMENT TO AMEND THE CALDWELL CITY CODE, SECTION 10-07-11, CONCERNING PUBLIC PATHWAYS
AND PUBLIC PATHWAYS LANDSCAPING STANDARDS) The Mayor declared the public hearing open. Brian Billingsley, 621 Cleveland Blvd, presented the staff report. He noted that the Pathways Committee
and the Planning & Zoning Commission has recommended approval of the request. Councilman Hopper noted that the Boise Project Board of Control merely wanted written approval of anything
done within their easements versus other irrigation districts which commented negatively to the request within the staff report. The Mayor commended the Pathways & Bike Routes Committee
concerning their work creating bike routes and pathways within the City of Caldwell. Nick Molenaar, member of the Pathways & Bike Routes Committee of 731 South 16th Avenue, spoke in
favor of the request. MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 33 [ORDINANCE NO. 2848] FOR CASE NO. OA-136-10 [PUBLIC PATHWAYS
LANDSCAPING] 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 ENACTED BY
THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 7, SECTION 11 OF THE CALDWELL CITY CODE WHICH IS THE PATHWAY LANDSCAPING STANDARDS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and
consider Bill No. 33 (Ordinance 2848) on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none.
Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 33 (Ordinance 2848), move for its passage, and approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED
PAGE 23 BOOK 52 (PUBLIC HEARING [LEGISLATIVE] – CASE NO. OA-140-11 A REQUEST BY THE CALDWELL TRAFFIC COMMISSION TO AMEND CHAPTER 2, ARTICLE 19 OF THE CALDWELL CITY CODE REGARDING THE
CREATION, MEMBERSHIP, ORGANIZATION AND DUTIES OF THE CALDWELL TRAFFIC COMMISSION) The Mayor declared the public hearing open. Brian Billingsley, 621 Cleveland Blvd, presented the staff
report. He noted that the amendments include the Mayor being removed from the board and the Street Department Superintendent being added as a member. The text amendment removes the terms
of office from the board members. The location site of the meetings will be amended as well as specifications for the Public Works Director to serve as the chair and the Chief of Police
to serve as the vice-chair. Councilman Hopper asked if there has been citizen involvement with this commission in the past. Councilman Sobba responded that at one time the entire commission
was an all-citizen board. Councilman Hopper expressed his interest in adding a “citizen-at-large” member for community representation to the board. In response to questions from Councilman
Callsen, the Mayor noted that all actions of a commission or board are subject to appeal by City Council as referenced in City Code. MOVED by Hopper, SECONDED by Callsen to continue
the hearing to the next Regular City Council Meeting to be held on Tuesday, February 22, 2011 at 7:00 p.m. to allow further revisions to the ordinance by staff and the City Attorney
in consideration of comments given by Council. MOTION CARRIED (CONSIDER BILL NO. 2 [ORDINANCE NO. 2861] FOR CASE NO. OA-140-11 [TRAFFIC COMMISSION MEMBERSHIP] WITH A REQUEST TO WAIVE
THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the next Regular City Council Meeting on February 22, 2011.
(PUBLIC HEARING [QUASI-JUDICIAL] – CASE NO. ZON-71-11 A REQUEST BY THE CITY OF CALDWELL FOR A COMPREHENSIVE PLAN MAP CHANGE FROM INDUSTRIAL TO COMMERCIAL AND A REZONE FROM M-1 LIGHT
INDUSTRIAL TO C-3 SERVICE COMMERCIAL FOR PROPERTY LOCATED AT THE SOUTHWESTERLY CORNER OF CHICAGO STREET AND 5TH AVENUE WITH A TAX PARCEL NO. OF R01828 AND AN ADDRESS OF 315 N. 5TH AVENUE
CONSISTING OF 0.206 ACRES) The Mayor declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report and outlined
the facts as written. She noted that the Hearing Examiner recommended approval of the request. She stated that by rezoning the parcel to C-3, it would be compatible to parcels within
the surrounding area. The Mayor labeled the aerial map presented by Ms. Skinner as CC-1000. In response to questions from Councilman Hopper, the City Attorney stated that the rezone
request being sought by the applicant (City of Caldwell) should be analyzed based upon the surrounding uses and the Comprehensive Plan. MOVED by Hopper, SECONDED by Blacker to close
the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON-71-11: The Council President presented the Evidence List: staff report, sign-up sheets and
CC-1000 (aerial map presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE
NO. ZON-71-11: MOVED by Hopper, SECONDED by Blacker 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-71-11: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence
list that was presented, and note that
PAGE 24 BOOK 52 there was no opposition to the request and that the change in zone will be in a more compatible manner with surrounding properties and more appropriate for a property
of this size. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-71-11: MOVED by Hopper, SECONDED by Blacker 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-71-11: MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ZON-71-11, a request
by the City of Caldwell for a Comprehensive Plan Map change from Industrial to Commercial and for a rezone from M-1 Light Industrial to C-3 Service Commercial on property located at
the southwesterly corner of Chicago Street and 5th Avenue with an address of 315 N. 5th Avenue consisting of 0.21 acres, is approved with the conditions as specified within the staff
report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED
by Blacker to close the public hearing. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable
in the amount of $1,695,725.03 for the period ending February 2, 2011 and payroll in the amount of $347,175.89 for the pay period ended January 15, 2011 and a net payroll in the amount
of $266,696.13 for the pay period ended January 29, 2011. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,695,725.03 represented by check numbers 74088
through 74531 and the total payroll in the amount of $613,387.02 represented by check numbers 21027 through 21253 and direct deposits be accepted, payment approved, and vouchers filed
in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper reported that the Library Board is looking to remodel the restrooms located at the City Library.
He noted that they have located a contractor for this project and have questions concerning portable restrooms with handicap accessibility during the construction period. The Mayor reported
that City staff will assist them with their concerns. Councilman Blacker gave an update concerning the Caldwell Economic Development Council activity. (MAYOR’S COMMENTS) The Mayor read
his annual year-end report into the record: “I respectfully submit to you the following information to serve as my 2010 Year End Report. In my capacity as Mayor, I: • chaired and/or
attended 909 meetings • worked 247 out of 251 work days • worked 2501.5 hours, which averages out to 48.1 hours per week. City Code requires me to work 1832 hours. In 2010, I attended
the following conferences and trainings: • National League of Cities Board meeting in January • National League of of Cities Conference in DC in March • FAA Conference in April • Association
of Idaho Cities Conference in June • National League of Cities Board Conference meeting in July • Fire Relations Conference in September • National League of Cities Conference in Denver
in December I also continue to represent the City of Caldwell on various organizations, including NLC’s Board of Directors, COMPASS (executive committee), Valley Regional Transit, Association
of Idaho Cities, AIC’s Youth, Education and Families Committee (chair), NLC’s Youth, Education and Families Council (vice-chair), the Idaho Emergency Communication Commission and the
Canyon County Organization on Aging.
PAGE 25 BOOK 52 I thank you for your hard work and commitment to the City of Caldwell. It has been a pleasure to work with you over the past year and I look forward to another great
year in 2011. Please let me know if I can ever be of service to you.” MOVED by Hopper, SECONDED by Blacker to accept the year-end report as presented by Mayor Nancolas. MOTION CARRIED
Mayor’s Calendar of Events: Next City Council Meeting: Tuesday, February 22, 2011 YMCA Strong Kid’s Campaign Kick-off Event: Thursday, February 10, 2011at 6:00 p.m. Boise Economic Project
Luncheon: Thursday, February 10, 2011 at 12:00 p.m. (Nampa Hispanic Ctr.) Fire Labor Relations Conference: February 15-18, 2011 Mayor’s Youth Advisory Fundraiser Dinner: February 26,
2011 (College of Idaho Dining Hall) (ADJOURNMENT) MOVED by Hopper, SECONDED by Callsen to adjourn at 9:03 p.m. MOTION CARRIED APPROVED AS written THIS 22nd DAY OF FEBRUARY , 2011. Mayor
Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Cle