HomeMy WebLinkAbout2011-11-07city council minutes
PAGE 140 BOOK 52 SPECIAL MEETING November 7, 2011 6:00 p.m. (CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING A PROPOSED ORDINANCE AS REQUESTED BY THE CITY ENGINEER/PUBLIC
WORKS DIRECTOR AND THE CITY ATTORNEY TO AMEND CHAPTER 13, ARTICLE 1, OF CALDWELL CITY CODE, REGARDING STORMWATER MANAGEMENT AND DISCHARGE CONTROL) Mayor Nancolas called the meeting to
order at 6:00 p.m. Present: Blacker, Ozuna, Hopper, Callsen, Dakan (via phone), and Sobba. Aaron Seable, 1303 12th Avenue Road, Nampa, outlined the contents of the ordinance. Lee Van
de Bogart presented information concerning the necessity of revisions to the stormwater management policies for compliance with EPA requirements. The Mayor reported that public media
announcements and public town hall meetings will be conducted through the Engineering Department to inform the public of the new requirements. Discussion was held concerning the various
violations in accordance with EPA standards and enforcement of the new requirements. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:55
p.m. REGULAR MEETING November 7, 2011 7:00 P.M. The Mayor called the meeting to order and reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of discussing
a proposed ordinance as requested by the City Engineer/Public Works Director and the City Attorney to amend Chapter 13, Article 1, of Caldwell City Code, regarding stormwater management
and discharge control. No decisions were made or any action taken during this workshop. The Mayor asked that everyone stand for the invocation and Pledge of Allegiance to the Flag. Due
to the absence of Pastor Kip Mitchell of the Full Gospel Worship Center, Mr. Mike Fairchild volunteered to give the invocation. The Roll of the City Council was called with the following
members present: Blacker, Ozuna, Hopper, Callsen, Dakan (via phone), and Sobba. Those absent: none. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Ms. Adams, American Government
Teacher from Caldwell High School was acknowledged by the Mayor. She asked each of the students to stand and state their name. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker,
SECONDED by Ozuna to amend the agenda by moving Consent Calendar Items #2 and #3 under New Business Items as Items #1 and #2 and renumbering of the remaining New Business items accordingly.
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 October 17, 2011; the City Council Special Meeting held on October 25, 2011; the Pathways and Bike Routes Meeting
held on August 23, 2011; the Caldwell Planning & Zoning Meeting held on October 11, 2011; the Caldwell Historic Preservation Committee Meeting held on September 26, 2011; the Caldwell
Employee Benefit Plan Trustee Meetings held on October 24, 2011 and October 25, 2011; the Mayor’s Youth Advisory Council Meetings held on January 20, 2010, February 16,
PAGE 141 BOOK 52 2010, October 6, 2010, October 20, 2010, November 3, 2010, November 17, 2010, December 1, 2010, January 5, 2011, March 2, 2011, April 20, 2011, June 1, 2011, September
7, 2011, and September 21, 2011; the Caldwell Senior Center Board Meetings held on August 15, 2010, October 12, 2010, November 8, 2010, December 13, 2010, December 20, 2010, January
10, 2011, February 14, 2011, March 14, 2011, April 11, 2011, June 13, 2011, August 8, 2011, August 17, 2011, September 12, 2011, and October 10, 2011; and the Friends of the Caldwell
Depot Meeting held on September 15, 2011; 2. Approve Resolution No. 144-11 authorizing the purchase of a new dump truck and bed for the Street Department Pursuant to Idaho Code 67-28;
[Moved to New Business Item #1] 3. Approve Resolution No. 145-11 authorizing the purchase of a new dump truck and bed for the Water Department Pursuant to Idaho Code 67-28; [Moved to
New Business Item #2] 4. Approve Resolution No. 146-11 authorizing the execution of a Lease Agreement with Burks Tractor Company for equipment associated with the Winter Wonderland event;
5. Approve Resolution No. 147-11 adopting the policy regarding Non-discrimination on the Basis of Disability (ADA); 6. Approve Resolution No. 148-11 adopting the policy regarding the
ADA Grievance Procedure; 7. Approve Resolution No. 149-11 adopting the policy regarding Fair Housing; 8. Approve Resolution No. 150-11 adopting the policy regarding non-discrimination
as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and subsequent related acts; 9. Approve Resolution No. 151-11 adopting the policy regarding
the Title VI Discrimination Complaint Procedure; 10. Approve Resolution No. 152-11 authorizing the approval of a Contract for Services with Elison Financial Group for upkeep of landscaping
at property abutting 411 Blaine Street; 11. Approve Resolution No. 153-11 authorizing the execution of the Memorandum of Agreement with Corporation for National and Community Service
AmeriCorps AmeriCorps *Vista in the amount up to $10,704; 12. Approve Resolution No. 154-11 authorizing the execution of the Idaho Community Development Block Grant Program Award Contract
for the Downtown Revitalization Project: Pedestrian Connection in the award amount of $500,000; 13. Approve Resolution No. 155-11 accepting the America’s Promise Alliance Grant Award
in the amount of $2,500 as a recipient of the 2011 100 Best Communities for Young People award; 14. Approve Resolution No. 156-11 authorizing the development of a workplace safety program
for the Caldwell Fire Department; 15. Approve Resolution No. 157-11 authorizing the trustees of the City of Caldwell Employee Benefit Plan to execute the Amended Renewal Contract between
the City of Caldwell Employee Benefit Plan Trust and Delta Dental of Idaho; 16. Approve Resolution No. 158-11 accepting the dedication of sewer, water, and street lights from DR Horton,
Inc., for Apple Creek Subdivision Phases 4-7; 17. Approve Resolution No. 159-11 authorizing the execution of the First Amendment to Airport Tenant Agreement with Thunder Mountain Properties,
LLC; 18. Approve Resolution No. 160-11 authorizing the execution of the Release of Claims and Settlement Agreement with Thunder Mountain Properties, LLC. MOVED by Callsen, SECONDED by
Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting:
none. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CONSIDER AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE [CHAPTER 8, ARTICLE 3 OF THE CALDWELL CITY CODE]) Mark
Hilty, 1303 12th Avenue Road, Nampa, presented the revised draft ordinance and outlined the proposed text amendments. He outlined changes made in accordance to recommendations made by
City Council, Chief Allgood, and Ms. Verde (veterinarian technician who provided testimony at the City Council Meeting held on November 7th). Mr. Hilty noted that the effectiveness of
the rabies vaccination is at six months of age for canines. The corresponding change within the ordinance provides that if a dog is under one year of age, only a one-year license is
available. After the dog is over one year of age, a three-year license is available. Wolf and coyote hybrids are addressed in the ordinance. He noted that vaccines are crafted for canines
and although wolves and coyotes are canines, the vaccinations may not be effective. Therefore, the proposed ordinance also allows for the assistance of the Fish and Game Department to
help with the analysis (diagnosis of the disease and the treatment/vaccination) of wolf and coyote hybrids, if necessary. Mr. Hilty continued by stating that the ordinance addresses
the definition of dangerous versus vicious animals. The panel review provision has been deleted for vicious animals --the courts would be the determining factor if an animal is vicious.
In contrast, the responsibility of an owner with a dangerous animal would be to secure the animal. Failure to keep the animal securely confined would be a more serious offense than the
typical animal-at-large charge.
PAGE 142 BOOK 52 Mr. Hilty stated that based on Council’s discussion, the ordinance reflect that animal licensing would be mandatory. The ordinance now clarifies that if an owner fails
to license the same dog three times, the owner could be cited with a misdemeanor. Mr. Hilty reported that changes have transpired in Section 08-03-23 regarding “Prohibited Acts.” Violations
concerning animal fighting or animals commanded to attack are not covered in this section since these violation are addressed under Idaho State Codes as misdemeanor offenses. In response
to questions from Councilman Callsen, Mr. Hilty clarified the requirements concerning the level of security of dangerous animals. Arlene Yamamoto, 818 Suncrest, spoke as neutral to the
ordinance. She asked for clarification on Section 08-03-23 regarding animals in public buildings. She noted that she currently is leasing a building from the City of Caldwell and questioned
how that fact would apply to the ordinance. Discussion followed concerning this provision. Mr. Hilty stated that the intent of the ordinance was to deal with public accessible buildings
(such as the police building, city hall, development services, etc.). He recommended amending the ordinance to reflect this change. The Mayor noted that service animals are allowed in
all public buildings. Mr. Hilty also stated that this also applies to animals that are used in connection with law enforcement or unusual circumstances such as a dog show at the O’Connor
Event Center or “dogs get in free day” at Simplot Stadium, etc. Jami L. Anderson, 519 South 14th Avenue, spoke in opposition to the ordinance. She reported that no provision within the
ordinance addresses micro-chipped animals and a reduction of the fees for this feature. She also questioned if the licensing of cats will be addressed in the ordinance? She stated her
opposition to an “ pit bull” ordinance. She reported that she owns a very small poodle and has been counseled by her veterinarian to not collar/tag the dog due to spinal injuries. She
questioned how these concerns will be addressed. The Mayor addressed Ms. Anderson’s concerns: Tonight’s hearing only deals with the Animal Control Ordinance document. The public hearing
for the fee resolution associated with the Animal Control Ordinance will be addressed at its public hearing scheduled for November 21, 2011. He noted that various cat ordinances have
been brought forward to Council approximately four or five times within the past 20 years. Each time the consensus of Council has been that it is nearly impossible to enforce a cat ordinance.
This dog ordinance was brought forward because of administrative changes made at the Canyon County Animal Shelter. He noted the proposed Animal Control document is not a “pit bull” ordinance
and that it is unconstitutional to have a breed specific ordinance. In response to questions from Councilman Hopper, Chief Allgood stated that the Caldwell Police Department is in possession
of the proper equipment to read micro-chips. However, within initial meetings with administration from the animal shelter, it was suggested that dog tags be required for the sake of
consistency and availability for all officers and citizens to easily read the information. Denise Vertie, 1207 Savannah, spoke as neutral of the ordinance. Mr. Vertie provided Council
with handouts from the National Association of State Public Health Veterinarians, Inc. entitled “Compendium of Animal Rabies Prevention and Control, 2011” and the Fort Collins Municipal
Code entitled “Animals and Insects” and outlined the contents of the documents. She commented on the pros and cons of micro chips being used as the sole source of identification for
animals. She emphasized the fact that if the animal changes hands of owners, the micro chip company must be informed and oft times this process is forgotten by the new owner. Henry Busse,
520 E. Logan Street, asked how large does the dog need to be before the collar is sufficient? He suggested that an alternate be offered in the ordinance for small dogs that already have
a micro-chip. Councilman Hopper suggested that the City Attorney consider the following amendments: 1) Revise Section 08-03-23 to reference the Idaho Code for clarification concerning
the misdemeanor violations. 2) The small dog/micro-chip issue will need further research and consideration. 3) Clarification to be given concerning the issue of dogs in publicly assessable
buildings. 4) Research to be conducted about issues brought up by Ms. Vertie from the Fort Collins Municipal Code. MOVED by Hopper, SECONDED by Blacker to continue the public hearing
to the next Regularly Scheduled City Council Meeting to be held on November 21, 2011 at 7:00 p.m. for additional considerations to be reviewed and considered for the ordinance as presented
within public testimony. MOTION CARRIED (CONSIDER BILL NO. 27 [ORDINANCE NO. 2886] – ANIMAL CONTROL ORDINANCE WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE
THE SUMMARY FOR PUBLICATION) This accompanying document to the public hearing regarding the amended animal control ordinance will be continued to November 21, 2011.
PAGE 143 BOOK 52 (CONSIDER RESOLUTION NO. 143-11 AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR SERVICES WITH FRIENDS OF THE CANYON COUNTY ANIMAL SHELTER INCORPORATED, DBA CANYON COUNTY
ANIMAL SHELTER AND THE CITY OF CALDWELL) Caldwell Police Chief Chris Allgood, 110 South 5th Avenue, presented the staff report. He noted that the contract has been completed; however,
the Animal Shelter Director has asked that the contract be extended for a period of two years. It has been suggested that the Mark Hilty contact Ms. Hutchison of the Canyon County Animal
Shelter concerning this issue. He recommended that the item be continued to the next City Council Meeting. MOVED by Ozuna, SECONDED by Hopper to continue this item to the next Regularly
Scheduled City Council Meeting to be held on November 21, 2011 at 7:00 p.m. MOTION CARRIED (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CONSIDER AMENDMENTS TO THE TAXI CAB ORDINANCE (CHAPTER
6, ARTICLE 11 OF THE CALDWELL CITY CODE). Mark Hilty, 1303 12th Avenue Road, Nampa, presented the revised draft ordinance and outlined the proposed text amendments. He noted that the
Medicaid requirements through the State of Idaho are fairly significant and in some cases go beyond the requirements as stipulated by the City of Caldwell. After discussing this issue
with the City Clerk, it was determined that if the license requirements have been met with the State of Idaho Medicaid Division, this will fast track the license process with the City
of Caldwell for the taxi cab companies and drivers. Sue Doman, 151 1ST Street North, Nampa, commented that she has read through the proposed ordinance and concurs with the changes. MOVED
by Hopper, SECONDED by Callsen to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 26 [ORDINANCE NO. 2885] – TAXI CAB ORDINANCE 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 6, ARTICLE 11,
SECTIONS 06-11-01 THROUGH 06-11-37, INCLUSIVE, OF THE CALDWELL CITY CODE, PERTAINING TO TAXICABS, ENACTING TWO NEW SECTIONS, 06-11-39 THROUGH 06-11-41, WHICH AMENDMENTS AND ADDITIONS
BROADEN THE ORDINANCE TO PROVIDE FOR THE LICENSING AND REGULATION OF COMMERCIAL TRANSPORTATION BUSINESSES, VEHICLES AND DRIVERS, ADDING ADDITIONAL DEFINITIONS, ENUMERATING UNLAWFUL PRACTICES,
ADDRESSING FARES, TAXIMETERS AND SCHEDULES OF RATES, PROVIDING FOR APPEALS, AND BY MAKING OTHER RELATED CHANGES AND CLARIFICATIONS; 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 Callsen to waive the three reading process and consider Bill No.
26 (Ordinance 2885) 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. 26 (Ordinance Ordinance 2885), 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 NEW BUSINESS: (CONSIDER RESOLUTION
NO. 144-01 AND RESOLUTION NO. 145-01 AUTHORIZING THE PURCHASE OF A NEW DUMP TRUCK AND BED FOR THE STREET DEPARTMENT AND THE PURCHASE OF A NEW DUMP TRUCK AND BED FOR THE WATER DEPARTMENT
PURSUANT TO IDAHO CODE TITLE 67, CHAPTER 28) Brent Orton, 621 Cleveland Boulevard, reported that the purchase of the dump trucks for the Street Department and Water Department were allocated
in the 2012 budget adopted in August 2011. The acquisitions are proposed to occur, satisfying the competitive bid requirements of the State of Idaho by use of the piggy-back process.
The Street Department truck was selected through a piggy-back bid by Idaho County and the Water Department truck and dump bed was selected through a piggy-back bid by Idaho Transportation
Depar
tment. PAGE 144 BOOK 52 The Street Department’s truck cost is $172,540 and the Water Department truck cost is $147,394. The Street Department’s truck cost is higher since it is necessary
for them to have a plow attachment with the vehicle. The trucks have a depreciable life of approximately 15 years according to the fixed asset records. The Street Department truck that
will be replacing a 1992 model, however use of the older truck will continue until the maintenance cost exceeds the value of the vehicle. The Water Department will be trading in a dumper
belly tractor/trailer in connection with the truck purchase. The Water Department no longer has a semi-truck to pull the trailer. They traded it to the Street Department; however, it
is difficult for the Street Department to use because of the length of the dumper bed. He reported on a cost analysis which was conducted concerning the use of rental equipment versus
purchase options. He reported that the rental equipment option is a much more expensive alternative. The rental option is $4,250 per month, which would result in a cost of $760,000 over
the depreciable life of a dump truck. In response to questions from Councilman Blacker, Mr. Orton reported that allocations were allotted for in the 2012 budget under the Licensed Vehicles
Category. The Street Department had budgeted $180,000 for the acquisition of the dump truck. The Water Department had budgeted $160,000 for the acquisition of a dump truck. An explanation
of a piggy back bid process was explained by Mr. Orton and Mr. Hilty. The Mayor reported that he had received a phone call from Mr. Maitland expressing his concerns about the purchase
of the dump trucks at this time due to the economy. Mr. Maitland had recommended that the City consider renting the equipment from local vendors or contractors who would rent the equipment
or could operate the trucks. Councilman Callsen expressed his support of the purchase noting that the expenditures have been appropriated through funds where revenues are ongoing and
allowance has been made for these expenditures within the budget process. He noted that the Street Department will steadily be using the plow truck with inclement weather. Councilman
Blacker expressed his support of the purchase. He noted that staff anticipated the need and was prepared for the acquisition of the equipment. MOVED by Callsen, SECONDED by Blacker to
approve the purchase of the dump trucks for the Street Department and the Water Department. MOTION CARRIED (CONSIDER BILL NO. 29 [ORDINANCE NO. 2888] TO ANNEX 1505 HOPE LANE (HOPE PLAZA
APARTMENTS) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH THE REGULAR TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE
OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PARCEL 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 Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 29 (Ordinance
2888) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none.
MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 29 (Ordinance 2888), move for its passage, and approve the summary for publication. Roll call vote: Those voting
yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER THE PROPOSED “FEE SCHEDULE FOR THE CITY OF CALDWELL
CANINE LICENSE FEE AND INFRACTION SCHEDULE” WITH THE REQUEST TO SET THE PUBLIC HEARING DATE DURING THE REGULARLY SCHEDULED CITY COUNCIL MEETING ON NOVEMBER 21, 2011 AT 7:00 P.M.) ElJay
Waite, 411 Blaine Street, presented the proposed fee scheduled and recommended the public hearing date of November 21, 2011. He reported that research was conducted in comparing the
fees to those currently charged by the City of Nampa. He noted that staff will begin collecting fees and issuing the dog
PAGE 145 BOOK 52 licenses after passage of the ordinance and approval of the fee schedule. The anticipated date of commencement is December 1, 2011. Discussion followed concerning the
proposed fee schedule. Mr. Hilty clarified that the purchase of a license would still be required for small dogs. Questions were raised concerning the senior citizen discount. MOVED
by Hopper, SECONDED by Blacker to set the public hearing date for November 21, 2011 at 7:00 p.m. to consider the City to Caldwell Canine License Fee and Infraction Schedule. MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ZON-75-11 A REQUEST BY YOUR REAL ESTATE SOLUTIONS LLC FOR A COMPREHENSIVE PLAN MAP CHANGE FROM COMMERCIAL TO TRADITIONAL NEIGHBORHOOD AND
A REZONE FROM R-3 HIGH DENSITY RESIDENTIAL AND C-2 COMMUNITY COMMERCIAL TO T-N TRADITIONAL NEIGHBORHOOD ON 0.34 ACRES ADDRESSED AS 908 EAST CHICAGO IDENTIFIED AS TAX PARCEL #04806 AND
A COMPREHENSIVE PLAN MAP CHANGE FROM COMMERCIAL TO TRADITIONAL NEIGHBORHOOD AND A REZONE FROM R-3 HIGH DENSITY RESIDENTIAL TO TRADITIONAL NEIGHBORHOOD ON 0.21 ACRES ADDRESSED AS 904
EAST CHICAGO IDENTIFIED AS TAX PARCEL #04807) The Mayor explained the quasi-judicial process and declared the public hearing open. The City Clerk was asked to swear in those who would
be giving public testimony. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial
map of the site, which the Mayor labeled as CC-1000. She noted that one-half of the parcel at 908 East Chicago is currently is zoned C-2 (Community Commercial) and the other half of
the parcel is zoned R-3 (high density residential). The second parcel is addressed as 904 East Chicago and has two separate buildings on the property which are being remodeled for use
as multiple housing units. That parcel is zoned R-3 (high density residential). The request is to change both of these parcels to be zoned as Traditional Neighborhood as well as the
identification of the Comprehensive Plan Map to be changed to Traditional Neighborhood. Staff recommends approval of the request. In response to questions from Councilman Hopper, Ms.
Skinner stated that she was not aware how the parcel acquired two separate zoning classifications. The approval of the zoning request would clean up this issue. Ms. Skinner gave an overview
of the purpose of the Traditional Neighborhood zoning classification. Troy Ashworth , 6568 Federal Way, Suite 168, Boise, acknowledged being sworn in and spoke in favor of the request.
He stated that he concurred with the staff report. MOVED by Hopper, SECONDED by Sobba to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.
ZON-75-11: The Mayor presented the Evidence List: staff report, sign-up sheets, comprehensive plan map, and CC-1000 (an aerial map of the site 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 CASE NO. ZON-75-11: 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-75-11: 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 applicant’s request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-75-11: 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-75-11: 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-75-11,
a request by Your Real Estate Solutions LLC for a comprehensive plan map change from Commercial and High Density Residential to Traditional Neighborhood and a rezone from R-3 High Density
Residential and C-2 Community Commercial to T-N Traditional Neighborhood on two parcels addressed as 908 East Chicago and 904 East Chicago and
PAGE 146 BOOK 52 identified as Tax Parcel No. 04806 and Tax Parcel No. 04807 respectively, 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 NUMBER ZON-77-11 A REQUEST BY JOSE ROJAS, DAVID ROJAS AND MIKE FAIRCHILD FOR A COMPREHENSIVE PLAN MAP CHANGE FROM INDUSTRIAL
TO COMMERCIAL AND A REZONE FROM M-1 LIGHT INDUSTRIAL TO C-3 SERVICE COMMERCIAL ON 1.62 ACRES ADDRESSED AS 623 ALBANY IDENTIFIED AS TAX PARCEL #05060) Anne Marie Skinner, 621 Cleveland
Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Mayor labeled as CC-1000. The parcel
contains several vacant existing structures that were previously used as Irrigators Lumber, which was a lumberyard/retail sales business. A sewer easement was requested by the Engineering
Department to the City of Caldwell to cover an existing sewer line. The easement has been prepared and signed by the owner of the parcel. If the request is approved tonight, the easement
will move forward. Staff has reviewed the surrounding uses and zones and recommends approval of the request. Mike Fairchild, 13155 Gail-Alan Road, Donnelly, acknowledged being sworn
in and spoke in favor of the application. He noted that the zone change would be compatible to the downtown area. This parcel is more suitable for commercial use and would assist in
improving the area with a specified use in line with the commercial use zoning. He reported that the existing structures would be remodeled in phases with the plan to use the large structure
for a retail grocery store. Other buildings would be restored and used for various commercial uses as allowed within the City Code. David Rojas, 506 E. Haley Street, Oxnard, California,
acknowledged being sworn in and spoke in favor of the request. He reported that they are trying to improve the neighborhood for the community and create jobs. Kerry Norris, 710 E. Belmont,
signed in opposition but was not present to speak. MOVED by Hopper, SECONDED by Blacker
to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON-77-11: The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000
(an aerial map of the site 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-77-11: MOVED by Hopper, SECONDED by Callsen 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-77-11: 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 and
the evidence list as presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-77-11: MOVED by Hopper, SECONDED by Ozuna 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-77-11: 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. ZON-77-11,
a request by Jose Rojas, David Rojas and Mike Fairchild 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 1.62 acres addressed as 623 Albany identified as Tax Parcel R05060, 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
PAGE 147 BOOK 52 MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: A REQUEST TO ADOPT THE CALDWELL YOUTH MASTER PLAN AS
A GUIDE FOR HOW TO CONTINUE MOVING FORWARD WITH IMPROVING THE LIVES OF THE CHILDREN, YOUTH, AND FAMILIES WITHIN OUR COMMUNITY) Mayor Nancolas explained the reasoning for the development
of Youth Master Plan. Many years ago the City Council adopted a program known as “The City Platform for Youth, Families, and Education.” The Platform addresses the coordination of youth
program coordinators and youth providers working together to formulate a plan to help the youth and families in our communities to succeed. The reasoning behind such a plan is to reduce
crime issues, reduce drop-out rates and truancy, reduce domestic violence, coordinate efforts between various entities so that services are more effective and efficient, and provide
a sustainable community where families may live, grow, play, develop, and have healthy lives. The Mayor continued by stating that “The City Platform for Youth, Families, and Education”
addresses the need for the City to address changes within the Comprehensive Plan such as identifying the need for walking paths, safe passages for children to school, afterschool programs
as the YMCA, civic educational programs as the Mayor’s Youth Advisory Council, partnership with Hope’s Door, crime reduction programs, afterschool programs, and other community-based
programs. The Council has been very conscientious about the needs of youth and family within the community. The City’s crime rate is exceptionally low, graduation rates are up, Caldwell
has more parks per thousand than any other city within Southwest Idaho, walking paths have been developed, the Caldwell School District has developed the Freshman Academy and the P-16
program has been initiated, and membership at the YMCA has increased. The Youth Master Plan compiles this information in a document with action steps to insure that these items are sustainable
for the future. The Mayor expressed his appreciation to the Council and the staff who have been involved in this process. Lourdes Matsumoto, during her tenure at the City of Caldwell,
was very active in creating the plan and organizing a community committee. Participation was sought from various entities across the community including Hope’s Door, the Mentoring Network,
the Caldwell and Vallivue School Districts, and the College of Idaho. The Mayor reported that if the Youth Master Plan is approved this evening, Caldwell will be the only municipality
in the State of Idaho who has adopted such a plan. Kim Ivacek, Executive Director of Hopes Door, 1508 Hope Lane, spoke in favor of the report. She read a letter from Lourdes Matsumoto
who gave a brief overview of the history of the Youth Master Plan: Dear Mayor Nancolas and City Council Members: I write to you today to encourage the City of Caldwell to adopt the Caldwell
Youth Master Plan. The Youth Master Plan is a very important tool to ensuring the continued health and safety of the children and young adults in our community. This plan has been carefully
crafted specifically for Caldwell by the citizens to ensure that the City’s dedication to the youth will be preserved and expanded upon in the future. The process of creating the Caldwell
Youth Master Plan has been a long and detailed one. It all began with a directive by Mayor Nancolas to create a document that would illustrate the importance that the City and community
place on the health, safety and education of our local youth. Several larger cities throughout the country including Nashville, Tennessee, Minneapolis, Minnesota, and Grand Rapids, Michigan
have created Youth Master Plans as well and Caldwell has used them as a guide in drafting our own. In September 2010, students, parents, non-profit and business leaders in the community
were asked to come together to form the Caldwell Youth Coalition for the purpose of creating this document. Children from elementary schools through college were surveyed to determine
which were the most important issues facing Caldwell youth. After the results and much discussion we found that the six areas that parents and students were most concerned about were
safety, health and wellness, education and career preparation, out of school time, community involvement and communication and relationships. The coalition decided to make two measureable
promises in each category to help make the adults and leaders in the community accountable to the youth. It was also determined that there is not currently enough information available
to the public on the services that are offered in the City so an index of resources was included as part of the plan. The idea is that everyone within the City will have access to this
document and can easily use it as a directory for programs, services, and activities for youth. A time line has been created for implementation of the plan along with a review period
that is to be conducted after the first year to ensure that progress is being made in each of the categories. However, none of these promises can be carried out without first having
the City’s approval. So it is at this point that I strongly encourage City Council to continue this wonderful work that you have done to promote and protect the best interests of children
and youth and adopt the Caldwell Youth Master Plan without delay. Sincerely, Lourdes A. Matsumoto The Mayor again thanked Ms. Matsumoto for her leadership with the project. He reported
that Debbie Geyer (City Clerk) has volunteered to take on the implementation of this document in cooperation from the committee, other community volunteers, Council members, and staff
members in this effort. He expressed appreciation to Ms. Geyer for her assistance and efforts.
PAGE 148 BOOK 52 Ms. Ivacek commented that families and individuals in association with Hope’s Door are oft times not fully aware of the many programs and services available to them
throughout the community. Because the youth are the future of the community, this plan is essential. Councilman Hopper congratulated the committee in putting this plan together. He stated
that it is important that we shepherd this plan and keep it in front of the youth and adults in the community and have it evolve and react to the issues and needs within Caldwell. MOVED
by Hopper, SECONDED by Ozuna to adopt the Caldwell Youth Master Plan. Councilman Blacker expressed his appreciation for the document. 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 $1,875,310.42 for the period ending November 2, 2011 and net payroll in the amount of $311,590.77 for the pay period ended October 22, 2011. MOVED by Callsen, SECONDED by Blacker
that accounts payable in the amount of $1,875,310.42 represented by check numbers79937 through 80184 and the total payroll in the amount of $311,590.77 represented by check numbers 22389
through 22521 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen commented on
the recent “build a park” event held at the Idaho Migrant Council playground located on Happy Day Boulevard. Funding for the new equipment was provided by the KABOOM Playground Equipment
Company. Approximately 150 attended to assemble the equipment in six and one-half hours. (MAYOR’S COMMENTS) The Mayor reported on the following events: • Winter Wonderland will be held
on Friday, November 18, 2011. Councilman Hopper will be officiating since the Mayor will be on vacation with his family during this time. • Election Day is on Tuesday, November 8, 2011.
The polls will be open from 8:00 a.m. to 8:00 p.m. Candidates for City Council seats #4, #5, and #6 will be on the ballot. The Mayor expressed appreciation to Councilman Sobba and his
service for the past four years as member of the Council. Since Mr. Sobba is not running for re-election, his term will expire in January. The Mayor noted that Councilman Sobba is a
highly respected individual in the community due in part to his prior service as the Caldwell Chief of Police before retirement and his election as a Member of the City Council. (ADJOURNMENT)
MOVED by Sobba, SECONDED by Blacker to adjourn at 9:40 p.m. MOTION CARRIED APPROVED AS written THIS 21st DAY OF November , 2011. Mayor Councilperson Councilperson Councilperson Councilperson
Councilperson Councilperson ATTEST: City Clerk