The URL can be used to link to this page

Home My WebLink About2011-09-06city council minutes PAGE 107 BOOK 52 SPECIAL MEETING September 6, 2011 6:00 P.M. (CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF A PRESENTATION BY FORSGREN ASSOCIATES, INC. ON “PUBLIC PERCEPTION OF WATER REUSE”) Representatives from Forsgren Associates, Inc. presented information concerning options for water reuse. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:56 p.m. REGULAR MEETING September 6, 2011 7:00 P.M. The Mayor reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of a presentation by Forgren Associates, Inc. regarding the public perception of water reuse dealing with the waste water treatment plant. The potential requirements from EPA to drop the NPDS standards on phosphorus from approximately 400 parts per billion down to 70 parts per billion has prompted this discussion. The new standards would require a large expense to our public sewage treatment system. No decisions were made or any action taken during this workshop. The Mayor asked that everyone stand for The Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those absent: none. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS The Mayor acknowledged Alisa Gulley as Employee of the Month for the month of July concerning her work in organizing the Crime Prevention Fair. The Mayor read a letter of recommendation from her supervisor, Teresa Roberts, ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to amend the agenda by removing Consent Calendar (Reason for request to amend agenda: Per the recommendation of Engineering Department Item #14 staff) and under New Business - Item 6-A - adding an Executive Session pursuant to Idaho Code, Section 67-2345, Section 1(f) for the purpose of discussing pending litigation. MOTION CARRIED 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 City Council Regular Meeting held on August 15, 2011; the Caldwell Historic Preservation Commission Meeting held on July 25, 2011; the Caldwell Planning & Zoning Commission Meeting held on August 9, 2011; and the Pathways and Bike Routes Committee Meeting held on June 21, 2011; 2.Approve Order of Decision from Case No. SUB-177(E)-07 (Spruce Crossing time extension); 3.Approve Order of Decision from Case No. SUB-139(2)F-06 (Cedar Crossing #2 final plat); 4.Accept request to approve the 2012 calendar for Planning and Zoning public hearings. 5.Accept request to approve the 2012 calendar for City Council regularly scheduled meetings. 6.Approve request to designate Mayor Garret Nancolas as the official voting delegate at the National League of Cities 2011 Congress of Cities on November 12, 2011 to be held in Phoenix, Arizona; 7.Approve Resolution to ratify acceptance of a grant in the amount of $77,000 from the Federal Aviation Administration (FAA) associated with the “Airport Improvement Program AIP 23 Project” at the Caldwell Industrial Airport; 8.Approve Resolution to execute the Grant Agreement with Idaho Housing and Finance Association for Homeless Prevention and Rapid Re-Housing Program 10-12 and Homeless Prevention and Rapid Re-Housing Program 11-12 grants in the amount of $91,927.90; PAGE 108 BOOK 52 9.Approve Resolution to execute the City-County Agreement with Canyon County to acquire and utilize Pictometry software and imagery by the City of Caldwell Mapping Department and authorize payment to Canyon County in the amount of $13,472; 10.Approve Resolution to authorize the declaration of a city-owned vehicle from the Caldwell Police Department (Vin #2FAHP71W65X127182) as surplus property; 11.Approve Resolution accepting a Gift Quitclaim Deed and Acceptance from Mary E. Eldredge for 0.82 acres for a future bike path; 12.Approve Resolution rejecting all bids received August 12, 2011 for the proposed Griffiths Sidewalk Project; 13.Approve Resolution accepting the Dedication of Domestic Water Main and Street Light Facilities located at Hope Plaza, LLC for rights-of-way constructed for Hope Plaza Apartments; 14.Approve Resolution accepting the Award of Bid for the Chicago Street Washout Station Fence [REMOVED] Contract in the amount of $18,204.20 from Cascade Fence Company; 15.Approve Resolution accepting the Notice of Bid for the Southwest Taxilanes Project at the Caldwell Airport in the amount of $298,778.00 to Idaho Sand & Gravel; 16.Approve Resolution authorizing the execution of a Professional Services Agreement with Kimley Horn for the Terminal Apron and Taxiway Projects at the Caldwell Industrial Airport; 17.Approve Resolution authorizing the execution of a Professional Services Agreement with Keller & Associates for the Sidestream Treatment Study at the Caldwell Water Treatment Plant; 18.Approve Resolution accepting a proposal with Dr. John Blaisdell to allow safety service drills at 302 East Elm Street in exchange for clearing of the site; 19.Approve Resolution authorizing the trustees of the City of Caldwell Employee Benefit Plan to execute the renewal of rates effective October 1, 2011 through September 30, 2012 with Blue Cross of Idaho. MOVED by Blacker, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: (PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 50-1002 FOR CONSIDERATION OF THE PROPOSED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012) The Mayor declared the public hearing open. ElJay Waite, 411 Blaine Street, presented the budget and outlined the expenditures and revenues as printed. He noted that the public hearing was properly noticed. No changes have been made to the budget since the acceptance of the tentative budget by City Council on August 15, 2011. He noted that the Police Department’s budget has been reduced by $300,000 and the Fire Department’s budget reduced by $150,000 due to the reduction in property tax revenue. General Fund expenditures amount to $16,409,257, which is down from $18,805,816 budgeted in the previous year. The budget reductions compared to 2011 are $521,000 in police safety services ($223,000 from grants and $298,000 in reductions from appropriations) and the fire safety services budget is $153,000 below the previous year. The General Fund Contingency is $234,000 below the previous year. There has been a contingency in the General Fund that was budgeted in the previous year at $1,413,000; however, this amount will be reduced in the amended Appropriation Ordinance. The General Fund reductions amount to $76,000. Mr. Waite continued by reporting that increases in the Street Department include the Highway 20/26 Project at $1.5 million, equipment purchases of $375,000, a $300,000 in match for a CDBG Downtown Streetscape Project, $80,000 for licensed vehicles, and $850,000 to complete the new shop building. In the Sewer Treatment Plant there is an increase of $550,000 for design costs for the new phosphorus discharge criteria that is being imposed upon municipalities, $120,000 to replace a 1953 jetter truck, $40,000 for UV lamps, and $300,000 for operation and maintenance cost reductions. The General Fund revenue, which is non-property tax generated, is down from the previous year. The main reductions relate to decreases in the building department revenues of $310,000 and police grants in the amount of $368,000. (The grants were one-time expenditures last year and did not have a long- term impact on the Police Department budget.) The Street Department reductions are associated with two reimbursement agreements from Idaho Transportation Department ($1.5 million) and Urban Renewal projects that the City completed in 2011, which were reimbursed and not budgeted in 2012. Mr. Waite concluded by stating that impact fees are lower due to the reduction in construction and development within the City Limits. Water and sewer revenues are more because of the fee increases that are required to help generate revenues assisting with those capital expenditures. Comments were provided by Chief Wendelsdorf and Brent Orton concerning the Fire and Engineering/Public Works Department budgets. Mr. Waite stated that the budget is balanced and recommended its approval. PAGE 109 BOOK 52 FY 2009 FY 2012 Actual Proposed FUNDExpenditures Expenditures General Fund $ 18,861,166 $ 16,409,257 Caldwell Events Ctr Fund 192,367 189,029 Library Fund 874,487 767,200 Street Fund 3,373,784 7,490,381 Airport Fund 1,829,681 1,422,888 Recreation Fund 420,774 511,622 Liability Ins Fund 261,538 310,132 Cemetery Fund 184,607 286,191 Cemetery Capital Imp Fund 16,643 10,500 Cemetery Perp Care Fund - - CDBG Fund 8,323 450,000 H.U.D. Fund (Remaining) 2,313 2,260 Local Improvement Dist 259,149 102,077 General Obligation Bonds 464,576 463,900 Debt Service Funds 55,853 - Capital Improvement Fund (52,016) 445,570 Park Impact Fee Fund 281,609 1,032,600 Police Impact Fee Fund - 6,000 Fire Impact Fee Fund 70,770 30,000 Golf Fund 783,247 788,186 Water Fund 3,351,900 4,661,389 Sewer Fund 15,642,434 7,801,368 Sanitation Fund 3,138,540 3,269,887 Street Lighting Fund 360,039 500,746 Irrigation Fund 656,725 1,105,393 Employee Health CarePlan Trust 2,159,344 2,165,800 Employee Health Ins Fund 7,667 8,050 Employee Dental Ins Fund - 4,030 Employee Flex Fund 107,560 120,000 Agency Fund 49,205 37,400 C.A.T.C.H. - 200,000 TOTAL Expenditures $ 53,362,285 $ 50,591,856 FY 2009 FY 2012 Actual Non- Proposed Non- Property Tax Property Tax FUNDRevenue Revenue General Fund $ 7,570,645 $ 6,894,521 Caldwell Events Ctr Fund 200,403 195,257 Library Fund 260,486 226,542 Street Fund 2,364,384 2,233,369 Airport Fund 1,893,191 982,571 Recreation Fund 280,456 266,700 Liability Ins Fund 296,440 310,132 Cemetery Fund 127,383 119,383 Cemetery Capital Imp Fund 10,492 10,510 Cemetery Perp Care Fund 61,520 72,111 CDBG Fund 10,467 450,000 H.U.D. Fund (Remaining) 6,467 3,020 Local Improvement Dist 234,199 92,806 PAGE 110 BOOK 52 General Obligation Bonds 1,221 630 Debt Service Fund 55,853 - Capital Imp Fund 98,395 79,075 Park Impact Fee Fund 165,600 31,600 Police Impact Fee Fund 22,456 6,220 Fire Impact Fee Fund 119,158 31,020 Golf Fund 709,517 798,120 Water Fund 4,326,161 3,428,838 Sewer Fund 17,306,644 5,925,555 Sanitation Fund 3,061,389 3,021,205 Street Lighting Fund 565,869 403,633 Irrigation Fund 1,119,220 1,127,048 Employee Health CarePlan Trust 2,196,853 2,168,200 Employee Health Ins Fund 30,084 8,050 Employee Dental Ins Fund 8,955 4,030 Employee Flex Fund 113,890 120,000 Agency Fund 37,392 37,400 C.A.T.C.H. - 212,000 TOTAL Other Revenue $ 43,255,191 $ 29,259,546 FY 2009 FY 2012 Actual Proposed Property Tax Property Tax FUNDRevenue Revenue General Fund $ 9,420,740 $ 9,513,474 Library Fund 519,243 529,068 Street Fund 1,195,791 1,374,784 Airport Fund 80,875 82,409 Recreation Fund 212,051 216,081 Cemetery Fund 74,209 75,910 General Obligation Bonds 460,624 462,900 Capital Imp Fund 335,793 342,286 TOTAL Property Tax Revenue $ 12,299,326 $ 12,596,912 TOTAL All Revenue 55,554,517 41,856,458 * Use of Fund Balance, R.E. or Balance Sheet Changes (2,192,231) 8,735,398 Revenue to meet Expenditures $ 53,362,285 $ 50,591,856 The Mayor clarified that no allowance for personnel raises has been made within the budget. Changes have been made to employee benefits which will lower costs associated with sick leave and worker’s compensation claims. This is the fourth year that the City has opted not to take a tax increase and Council has been very conservative in their approach to funding projects. The City’s goal has been to be efficient with the budget and yet continue to provide services that the community deserves and needs. All departments are important; however, the priority has been police and fire safety services for the wellbeing of families and businesses within the community. The majority of property taxes collected are allocated for safety services, which amounts to approximately $9.5 million dollars this year. The Mayor explained that the expenditures have increased due to road and sewer treatment plant projects, which will be undertaken this year. The City has been saving funds for the past several years within these departments in anticipation of projects that need to be addressed. These funds are either special revenue funds (Street Department) or enterprise funds (Sewer Treatment Plant). He noted that property taxes do not affect the sewer fund. Special revenue funds must be used specifically for street projects. The Mayor concluded by indicating that the most important portion of this budget to review is the revenue side. This is the part that has been a challenge for the Finance Director to complete. This is PAGE 111 BOOK 52 due to the fact that revenues have decreased dramatically across the board, families have lost homes and jobs, and property values have decreased. A decrease in building permits and a decline in development applications is a reflection of our current economy. The total revenues for this year are $41,856,458 compared to $44,512,389 last year and $46,656,131 the year before. This amounts to approximately a $5 million decrease in revenue over the past two years. He expressed appreciation to City employees who have continued to provide outstanding service to the community even through eighteen staff positions have been eliminated. MOVED by Hopper, SECONDED by Blacker to close the public hearing regarding the proposed FY- 2012 budget. MOTION CARRIED (CONSIDER BILL NO. 22 (ORDINANCE NO. 2881) – APPROPRIATION ORDINANCE FOR FY-2011-12 WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS ON THE FIRST READING BY TITLE ONLY) The Mayor read the ordinance by title only: AN ORDINANCE ENTITLED APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 APPROPRIATING THE SUM OF $50,591,856 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF CALDWELL, IDAHO, FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 22 (Ordinance 2881) 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. 22 (Ordinance 2881) 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 ON PROPOSED FEES IN EXCESS OF 5% OF THE AMOUNT PREVIOUSLY CHARGED WITHIN THE FOLLOWING DEPARTMENTS: RECREATION, POLICE, FIRE, PLANNING & ZONING, CITY CLERK, PUBLIC WORKS – SEWER CONNECTION FEES, AND PUBLIC WORKS – WATER CONNECTION FEES) The Mayor declared the public hearing open. ElJay Waite, 411 Blaine Street, presented the staff report and noted that the public hearing was properly noticed. He reviewed the fee increases proposed within the Recreation Department. The proposed swimming pool admission rates have increased. He noted that the last pool fee increase was approved in 1995. The current rate is $1.50 (under 18 years of age) and $2.00 (over 18 years of age). The increase would raise the rates to $2.00 (under 18 years of age) and $3.00 (over 18 years of age). A late fee on team registration has been an issue that staff has addressed with a proposed late fee of $35. Mr. Waite outlined other proposed increases from the Police, Fire, Planning & Zoning, Clerk, and Public Works Department. He clarified that some of the fees have actually been reduced from the previous charge; however, they are considered a new fee due to the title change. The Police and City Clerk fee adjustments are required by recent amendments to the Idaho State Code regarding public record requests. Councilman Hopper commented on the proposed swimming pool admission increases. He suggested that staff monitor the attendance during the upcoming year with the increased fee rate. If attendance declines, the increased fees need to be reviewed with next year’s budget proposal. In response to questions from Councilman Blacker, Mr. Waite reported that the City pool currently has expenses of approximately $80,000 per year with a revenue base of approximately $40,000. MOVED by Hopper, SECONDED by Blacker adopt the fee schedule of those fees in excess of 5% of the previous year. 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 Ozuna to close the public hearing. MOTION CARRIED PAGE 112 BOOK 52 NEW BUSINESS: (CONSIDER AMENDMENTS TO THE APPROPRIATION ORDINANCE NO. 2839 (BILL NO. 24) FOR FISCAL YEAR 2010-2011 AND SET THE PUBLIC HEARING DATE FOR SEPTEMBER 19, 2011) ElJay Waite, 411 Blaine Street presented the staff report, outlined the amendments to the ordinance, and recommended that the date of the public hearing be set for September 19, 2011 at 7:00 p.m. during the Regular City Council Meeting. MOVED by Hopper, SECONDED by Blacker to set the public hearing date for September 19, 2011 at 7:00 p.m. during the Regular City Council Meeting to consider amendments to the Appropriation Ordinance No. 2839 (Bill No. 24) for FY-2010-11. MOTION CARRIED (CONSIDER THE REPORT FROM THE URBAN RENEWAL AGENCY CONCERNING THE FY-2012 EXPENDITURE BUDGET) The Mayor stated that this item of business is merely a report from the Urban Renewal Agency concerning the Urban Renewal FY-2012 Expenditure Budget and does not require any action. He acknowledged Mr. ElJay Waite, Chairman of the Urban Renewal Agency. ElJay Waite, Chair of the Urban Renewal Agency, 411 Blaine Street, presented information concerning the Urban Renewal FY-2012 Expenditure Budget. He noted that of the $100,000 total maintenance and operations line item, $80,000 is appropriated for a contract with Caldwell Economic Development Council for services rendered to help promote business and bring businesses and jobs to Caldwell. Two items are discretionary: $250,000 for downtown core work and incentives to bring jobs to Caldwell and four payments for the engineering of Exit 29 in the amount of $320,000. The remainder of the items deals with bond payments with principal and interest, the YMCA construction plan, one of four payments in the amount of $1,695,000 for the purchase of the TVCC building (interest on the note is five percent [5%] which is much greater than what is currently being received by the City’s excess funds in local institutions of saving). The total expenditures amount of $6,006,316 and total revenues amount to $7,851,332 (including cash on hand). Mr. Waite reported that a public hearing was held on August 30, 2011 concerning the FY-2012 Expenditure Budget and was attended by approximately five individuals. Questions were answered at the public hearing and the budget was adopted by the Urban Renewal Agency board. In response to a question from the audience, the Mayor noted that the Urban Renewal Agency th and Blaine until the currently owns the Treasure Valley Community College facility located at 7 Urban Renewal Agency sunsets. At that time, the facility will be transferred to the ownership of the City of Caldwell and all of the future lease payments will be a new revenue stream for the City of Caldwell. The current lease payment is based on approximately $12 per square foot, which is the average rate for this type of facility. The enrollment has increased every quarter since Treasure Valley Community College has occupied the new facility. The Mayor expressed appreciation to Mr. Waite for his work with the Urban Renewal Agency. (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. SUB-134(V)-05 A REQUEST BY TIM NEWBY FOR VACATION OF THREE 12’ BY 48’ MUTUAL ACCESS EASEMENTS LOCATED ON LOTS 3 AND 4, LOTS 5 AND 6 AND LOTS 7 AND 8 OF BLOCK 1 OF CLAYTON PLACE SOUTH SUBDIVISION WHICH IS LOCATED AT THE SOUTHEAST CORNER OF FLORIDA AVENUE AND MARIAH COURT) The Mayor explained the quasi-judicial public hearing process and asked the city clerk to swear in those who would be providing public testimony this evening. The Mayor declared the public hearing open. Due to recording equipment difficulties, the Mayor called for a short recess at 7:55 p.m. The meeting reconvened at 8:28 p.m. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in presented the staff report as outlined. She presented an aerial map of the site, which the Mayor labeled as CC-1000. She noted that the applicant is requesting to vacate three mutual access easements located on Lots 3 and 4, Lots 5 and 6, and Lots 7 and 8 of Block 1 of the Clayton Place South Subdivision. Each easement is 12 feet wide by 48 feet long. The easements are project-specific to the original project, the scope of which has changed. The vacation request is only applicable to access issues. The utility easements located along the interior side lots will remain. The public hearing was properly noticed. She noted that if the request is approved, a resolution will be presented to Council for recording purposes. In response to questions from Councilman Hopper, Ms. Skinner stated that each of the lots will stand alone with single ownership. PAGE 113 BOOK 52 In response to questions from Councilman Callsen, Ms. Skinner reported that off-street parking requirements will be satisfied. Each lot will have an individual driveway and garage. Tim Newby, 2716 Gem Street, Boise, acknowledged being sworn in and spoke in favor of the request. Ms. Skinner noted that staff recommends approval of the request. Mr. Orton concurred with the recommendation. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-134(V)-05: The Council President presented the Evidence List: staff report, sign-up sheets, plat, and CC-1000 (an aerial map of the site presented by Anne Marie Skinner) MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-134(V)-05: 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 request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-134(V)-05: 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. SUB-134(V)-05: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-134(V)-05 a request by Tim Newby for vacation of three 12’ by 48’ mutual access easements located on Lots 3 and 4, Lots 5 and 6 and Lots 7 and 8 of Block 1 of Clayton Place South Subdivision which is located at the southeast corner of Florida Avenue and Mariah Court, is approved with the conditions as outlined 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. APP-10-11 A REQUEST BY WILLIAM [BILL] HALLOCK TO KEEP A CHAIN-LINK FENCE IN ITS CURRENT LOCATION IMMEDIATELY NEXT TO THE CURB RATHER THAN HAVING TO MOVE IT TO BE LOCATED FIVE FEET FROM THE CURB ON PROPERTY ADDRESSED AS 621 ALASKA LOCATED ON THE SOUTHWEST CORNER OF ALASKA AVENUE AND JACKSON STREET) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as outlined. She presented an aerial map of the site, which the Mayor labeled as CC-1000. She reported that an anonymous complaint was phoned into the Planning & Zoning Department on July 22, 2011 concerning the Hallock’s fence being placed along an existing curb, rather than five feet from the curb. The complaint was investigated by staff and a letter was sent to the property owner. Mr. Hallock is seeking a public hearing for a final determination by Council concerning the fence. Councilman Sobba commented that he has noticed other residences in the City of Caldwell which are also in violation of the fence ordinance. Ms. Skinner reported that she had drove around a small portion of the City and within one hour had located 23 non-compliant cases regarding code violations where the fence was built next to the curb. The Mayor clarified that the intent of the five-foot allowance was to allow for future road widening. Brent Orton addressed questions from Councilman Hopper concerning easements next to the curb/street area. William Hallock, 621 North Alaska Street, acknowledged being sworn in presented a PowerPoint presentation concerning the placement of the fence in its current location. PAGE 114 BOOK 52 John Hallock, 621 North Alaska Street, acknowledged being sworn in and spoke in favor of the fence. He noted that the fence is near completion. All the fence poles have been installed. He had spoken with the neighbors concerning the installation of the fence prior to its installation. Herald Krepps, 622 North Alaska Street, acknowledged being sworn in and spoke in favor of the request. Rina Hallock, 621 North Alaska Street, acknowledged being sworn in and spoke in favor of the request. The Mayor noted that a letter was received from Sam and Patty Pollard in opposition to the fence. In rebuttal, John Hallock, stated that the fence is safer than the shrubbery that previously bordered he yard. Council Hopper suggested that possibly a red “no parking” stripe be painted along the curb at the site. Councilman Sobba stated his opposition to such action. Discussion followed. Ms. Skinner noted that the ordinance was amended approximately one year ago, making the ordinance less restrictive. MOVED by Dakan, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. APP-10-11: The Council President presented the Evidence List: staff report, sign-up sheets, preliminary plat, CC-1000 (an aerial map of the site presented by Anne Marie Skinner), CC-1001 (PowerPoint presentation received from Mr. Hollack), and CC-1002 (a letter in opposition from Sam & Patty Pollard) MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. APP-10-11: MOVED by Callsen, SECONDED by Blacker 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. APP-10-11: MOVED by Callsen, 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. APP-10-11: MOVED by Callsen, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. APP-10-11, a request by William (Bill) Hallock to keep a chain-link fence in its current location immediately next to the curb rather than having to move it to be located five feet from the curb on property addressed as 621 North Alaska located on the southwest corner of Alaska Avenue and Jackson Street is approved with the conditions as outlined in the staff report. Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: Hopper. Absent and/or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to close the public hearing. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ZON-76-11 A REQUEST BY LAURA REED-CRISPIN AND GREG SITTIG FOR A COMPREHENSIVE PLAN MAP CHANGE FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL AND A REZONE FROM R- 2 MEDIUM DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL ON TWO TH PARCELS COMPRISING A TOTAL OF 1.70 ACRES ADDRESSED AS 5105 S. 10 AND THTH 5107 S. 10 LOCATED ON THE EAST SIDE OF 10 AVENUE APPROXIMATELY 2,537 FEET NORTH OF HOMEDALE ROAD) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in presented the staff report as outlined. She presented an aerial map of the site, which the Mayor labeled as CC-1000. The site meets the required landscaping standards. Right-of-way dedication issues and a deferral agreement for street improvements would be required. Both of these documents have already been signed and will be PAGE 115 BOOK 52 processed at the next City Council meeting if approval is given. Staff recommends approval of the request. David Anderson, 500 E. Sure Drive, Eagle, acknowledged being sworn in. He noted that he was representing the applicant, Dr. Laura Reed-Crispin. He stated that Dr. Reed-Crispin desires to purchase the subject property and open a business for medical and cosmetic micropigmention services while also living on the subject property and maintaining the existing offices. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON-76-11: The Council President presented the Evidence List: staff report, sign-up sheets, preliminary plat, 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-76-11: 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-76-11: 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-76-11: MOVED by Callsen, 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-76-11: MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission hereby recommends to the Mayor and City Council that Case No. ZON-76-11, a request by Laura Reed-Crispin and Greg Sittig for a comprehensive plan map change from Medium Density Residential to Commercial and a rezone from R-2 Medium Density Residential to C-1 Neighborhood Commercial on two parcels comprising a total of 1.70 acres ththth and 5107 S. 10 located on the east side of 10 Avenue approximately 2,537 addressed as 5105 S. 10 feet north of Homedale Road, is approved with the conditions as outlined 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $2,570,974.00 for the period ending August 10, 2011 and net payroll in the amount of $321,233.62 for the pay period ended July 30, 2011. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $2,570.974.00 represented by check numbers78477 through 78865 and the total payroll in the amount of $321,233.62 represented by check numbers 22040 through 22160 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,263,023.28 for the period ending August 31, 2011 and net payroll in the amount of $264,805.10for the pay period ended August 13, 2011 and a net payroll in the amount of $258,172.03 for the period ended August 27, 2011. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,263,023.28 represented by check numbers78866 through 79322 and the total payroll in the amount of $522,977.13 PAGE 116 BOOK 52 represented by check numbers 22161 through 22271 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR’S COMMENTS) The Mayor reported that the candidate filing period for the upcoming election for City Council seats 4, th 5, 6, closes on Friday, September 9 at 5:00 p.m. The 9-11 Memorial Service will be held at Jewett Auditorium on Sunday, September 11, at 6:30 p.m. He noted that he will be traveling to Washington, D.C. this week to meet with congressional representatives concerning the proposed Foreign Trade Zone within Caldwell. The application has been filed by the Caldwell Economic Development Council. Letters of support have been received from the Chamber of Commerce, Caldwell School District, College of Idaho, and members from the business community. thth The Indian Creek Festival will be held on September 16 and 17 in downtown Caldwell. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION 1 [F] FOR DISCUSSING PENDING LITIGATION) convene MOVED by Hopper, SECONDED by Callsen to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1 (f) to discuss pending litigation at 9:32 p.m. Roll call vote: Those voting yes: Callsen, Dakan, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED convene MOVED by Hopper, SECONDED by Callsen to re into the Regular City Council Session. MOTION CARRIED (APPROVE RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GENERAL RELEASE DATED AUGUST 31, 2011 FROM JERRY AND TERRI TIMMONS AND THE ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS 119 SOUTH KIMBALL AVENUE) MOVED by Hopper, SECONDED by Callsen to adopt the resolution regarding the acquisition of real property from Jerry and Teri Timmons. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Ozuna to adjourn at 9:45 p.m. MOTION CARRIED th THIS 19 DAY OF SEPTEMBER , 2011. APPROVED AS written Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk