HomeMy WebLinkAbout2016-10-03 City Council Minutes Regular Meeting BOOK 57 PAGE 163
REGULAR MEETING
October 3,2016
7:00 P.M.
Mayor Nancolas opened the meeting and welcomed those in attendance. He explained that previous to the City
Council Meeting there was a Special-called Urban Renewal Agency Meeting at 6:30 p.m. Pastor Jim Porter of
the Caldwell Free Methodist Church provided the invocation. The Mayor led the audience in the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present:Callsen,Pollard,
Stadick,Allgood,Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Proclamation: Idaho Youth Ranch Thrift Stores
The Mayor read the proclamation into the record:
WHEREAS,more than 4,500 children in the Treasure Valley school districts are homeless;and
WHEREAS,suicide is the 2nd leading cause of death for Idaho teens;and
WHEREAS,one out of every four kids in an Idaho high school is bullied;and
WHEREAS,there are more than 45 reports of child abuse every day in Idaho,almost 2 per hour,24
hours a day,365 days per year;and
WHEREAS, Idaho Youth Ranch has helped 34,400 of Idaho's most vulnerable kids find promising
futures;and
WHEREAS, children who come to Idaho Youth Ranch learn to cope with their feelings, heal from
their pain,and develop skills that will make them stronger adults and future leaders;and
WHEREAS,For every child helped by Idaho Youth Ranch there are dozens more who need support;
and
WHEREAS,Idaho Youth Ranch can provide hope for kids and families who are suffering;and
WHEREAS, Treasure Valley shoppers that support Idaho Youth Ranch provide revenue to support
more kids and families in need;and
WHEREAS, each dollar spent in Idaho Youth Ranch thrift stores will have a lasting, generational
impact on Idaho's kids.
THEREFORE, I, Garret Nancolas, Mayor of the City of Caldwell, do hereby proclaim Saturday,
October 8th,2016,as:
Everyone Shops Day
in the City of Caldwell, and urge all citizens to join with us in shopping at Idaho Youth Ranch Thrift
Stores to provide promising futures to the most vulnerable kids in Caldwell and in our state.
Whitney Springsteen,Marketing Director of the Idaho Youth Ranch,expressed her appreciation for
the proclamation and support of the community.
B. Proclamation: Domestic Violence Awareness Month
The Mayor read the proclamation into the record:
Whereas,sexual Assault Awareness Month calls attention to the fact that sexual
violence is widespread and impacts every person in this community;and
Whereas,rape,sexual assault,and sexual harassment ham our community and
statistics show one in five women and one in 71 men will be raped at some point in
their lives
Whereas,child sexual abuse prevention must be a priority to confront the reality that
one in six boys and one in four girls will experience a sexual assault before age 18,
and
Whereas,young people experience heightened rates of sexual violence and youth ages
12-17 were 2.5 times as likely to be victims of rape or sexual assault;and
BOOK 57 PAGE 164
Whereas,on campus,one in five women and one in 16 men are sexually assaulted
during their time in college;and
Whereas,we must work together to educate our communities on sexual violence
prevention and speak out against harmful attitudes and actions;and
Whereas,prevention is possible when we confront this crisis and get involved by taking
the steps to increasing education,awareness and community involvement.
Now, Therefore,I, Garret L.Nancolas,Mayor of the City of Caldwell by hereby
proclaim October 2016 as
Sexual Assault Awareness Month
in the City of Caldwell and encourage citizens to join advocates and communities across
the country in taking action to prevent sexual violence. Each day is an opportunity to
create a safer environment for all.
Kim Dugan, Director of Families Against Family Violence, expressed her appreciation to the
Council Members for their support of the many programs conducted by Advocates Against Family
Violence within the community. This past year they were able to house 400 women and over 300
children at the Hope's Door Emergency Shelter.
C. Caldwell High School Government Class Students
The Mayor acknowledged Mrs.Adams,American Government teacher from Caldwell High School.
The twenty-eight students in attendance stood and introduced themselves.
D. Special Presentation by the Public Works Director
Brent Orton introduced Wally Thompson and expressed appreciation to him for his many volunteer
hours of community service.
The Mayor read the Certificate of Appreciation into the record:
Walless "Wally" Thompson, one of our Caldwell Veterans, identified a need at the rose garden at
Interchange 29 and freely gave as many as 40 hours a week, sometimes every day of the week,
improving, caring for, and maintaining the roses. In all, Wally gave more than 1,200 hours during
three years of self-initiated community service to this project,making the rose garden and interchange
look beautiful. Wally provided service that the City did not have the manpower to perform. We look
forward to the possibility of seeing more of Caldwell touched by Wally at the Caldwell Veterans
Garden. Wally,you truly made a difference. Thank you!
The Mayor presented the certificate and Mr. Thompson expressed his appreciation to the Mayor,
City Council and those in the community for their support and concern.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Callsen, SECONDED by Stadick to amend the agenda by adding Subsection (c) for the
purpose of discussing the acquisition of or an interest in real property not owned by a public agency to the
previously noticed executive session.
MOTION CARRIED
MOVED by Stadick, SECONDED by Allgood to move Item 96 under New Business to Item 91 to allow
adequate time for testimony of those in attendance.
Mr.Wagoner reported that the agenda order was created in contemplation of the time allowance for items
which are of noncontroversial status versus controversial in nature.
MOTION WITHDRAWN
AUDIENCE PARTICIPATION
Cynthia Ripke-Kutsaguitz, 3523 E. Linden, addressed the Council about recent vandalism cases which
recently took place at the Idaho Republic Headquarters and the library flowerbeds. She noted that she
volunteers at both agencies and was affected by the acts of vandalism. She will now place her efforts in
volunteering at the Idaho Veterans Garden in Caldwell.
Leora Summers of the Caldwell Perspective at 609 W.Easy Street,acknowledged Caldwell High School
student Stephanie Chambers. Ms. Summers expressed gratitude to Stephanie Chambers for her
outstanding leadership and organization skills in creating the "Caldwell Rocks" movement within the
community.
BOOK 57 PAGE 165
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on September 19,
2016 and the Friends of the Depot Committee Meeting held on March 10,2016;
2. Approve the Order of Decision for Case No.OA-16-04(2016 Zoning Ordinance Update);
3. Approve Resolution No. 216-16 approving a Corporate Warranty Deed from the City of
Caldwell to 9297 pioneer Exchange Accommodation Titleholder LLC for 0.80 acres of property
located on the southeasterly side of North 21"Avenue adjacent to the railroad tracks;
4. Approve Resolution No. 217-16 authorizing the adoption of amendments to the City of
Caldwell Employee Policy Handbook, Section VII.Benefits,C.Paid Time Off(PTO)with an
effective date of October 3,2016;
5. Approve Resolution No. 218-16 authorizing the Human Resource Director to execute the
renewal of the Annual Maintenance Agreement between the City of Caldwell and Technical
Difference,Inc.for the support and program maintenance for People-Trak System for the period
of November 30,2016 through November 30,2017;
6. Approve Resolution No. 219-16 authorizing the execution of the Independent Contractor
Agreement with M. Jerome Mapp to provide Hearing Examiner and Administrative Hearing
Officer services for the Caldwell Planning&Zoning Department;
7. Approve Resolution No.220-16 authorizing the acceptance of the amended travel per diem rate
increase previously approved on September 19,2016;
8. Approve Resolution No.221-16 accepting the Award of Bid in the amount of$6,994,507.00 to
JC Constructors to construct Digester No. 2 for the City of Caldwell Wastewater Treatment
Plant;
9. Approve Resolution No. 222-16 accepting the prequalification of general contractors and
electrical subcontractors for bidding the "WWTP Central Standby Power Plant Project" as
recommended by Bowen Collins&Associates;
10. Approve Resolution No. 223-16 accepting the prequalification of general contractors and
electrical subcontractors for bidding the"WWTP Filter Building Project"as recommended by
Bowen Collins&Associates;
11. Approve Resolution No. 224-16 authorizing an amendment with Bowen Collins&Associates
Design Contract to include additional services for the "WWTP Central Standby Power Plant
Project"and the WWTP electrical system;
12. Approve Resolution No.225-16 authorizing the execution of a Lease Agreement with Vallivue
School District 9139 (Special Education Department) and the City of Caldwell (Recreation
Department)for property known as 119 South Kimball effective upon approval;
13. Approve Resolution No. 226-16 declaring the 2013 Ford vehicle (Vin
#1FM5K8ARODGC40508)from the Caldwell Police Department as surplus property;
14. Approve Resolution No. 228-16 authorizing the Trustees of the City of Caldwell Employee
Benefit Plan Trust to execute the Stop Loss Placement-Confirmation of Terms between the City
of Caldwell Employee Benefit Plan Trust and Regence Blue Shield of Idaho with an effective
date of October 1,2016;
15. Approve Resolution No. 229-16 authorizing the Trustees of the City of Caldwell Employee
Benefit Plan Trust to execute the Administrative Blueprint between the City of Caldwell
Employee Benefit Plan Trust and Regence Blue Shield of Idaho with an effective date of
October 1,2016;
16. Approve Resolution No.227-16 authorizing the adoption of a Wellness Discount Program for
full time employees and set an effective date of October 1,2016.
MOVED by Pollard,SECONDED by Ozuna to approve the Consent Calendar as printed.
Roll call vote:Those voting yes:Pollard,Stadick,Allgood,Ozuna,Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS:
None.
NEW BUSINESS:
Mr. Paul Alldredge addressed the Mayor and Council asking if a time limit could be placed on those
providing testimony during tonight's public hearings. The Mayor responded by stating that instruction is
provided to those giving testimony to be concise and not repetitive in their comments. Time limits have not
been enacted in the past and it would not be appropriate to begin that procedure this evening.
(PUBLIC HEARING[QUASI-JUDICIAL]):CASE NO.ZON-16-05:A REQUEST BY GRACE AT
CALDWELL, LLC AND LINDA HINES TO REZONE TWO PARCELS TOTALING
APPROXIMATELY 8.33 ACRES,MORE OR LESS FROM M-1 (LIGHT INDUSTRIAL)TO C-3
(SERVICE COMMERCIAL) WITH A DEVELOPMENT AGREEMENT. THE SUBJECT
PROPERTIES ARE LOCATED APPROXIMATELY 400 FEET SOUTHEAST OF THE
INTERSECTION OF 21ST AVENUE AND CHICAGO STREET (PARCEL#'S R3537301100 AND
R3537301200)IN CALDWELL,IDAHO)
Mayor Nancolas opened the hearing by explaining the quasi-judicial process and asked the City Clerk to
swear in those who would be providing public testimony at any of tonight's public hearings.
Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and provided the staff report by
outlining the facts as written. He noted that the surrounding property is zoned commercial. The past uses
BOOK 57 PAGE 166
of the subject property include a golf driving range,a rock quarry,and a rock landscaping business. The
developer would be required to improve the site in regards to landscaping and make roadway
improvements along Chicago Street(landscaping/curb/gutter/sidewalk). Staff finds the request to be in
compliance with the comprehensive plan for use as a commercial corridor into the City of Caldwell.
David Ruby, 499 Main Street, Boise acknowledged being sworn in and spoke in support of the
development. He reported that the plan includes constructing an assisted living facility and a memory care
facility combined into one building. The development company is a local firm. The location is a prime site
for people to come and visit their loved ones who would be residing in the facility. The mixed use of the
parcels is attractive to the developer.
Councilman Allgood asked for clarification of what the front parcel along Chicago would be used for.
Mr. Ruby stated that they are possibly looking to develop the front parcel into a senior housing center;
however,this would be dependent upon the economy and market demand.
MOVED by Callsen,SECONDED by Stadick to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-16-05:
The Mayor presented the Evidence List:aerial map of ZON-16-05,staff report,sign-up sheets,and public
testimony given this evening.
MOVED by Hopper,SECONDED by Callsen to approve the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-16-05:
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-16-05:
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,noting that there was no
opposition,the fact that the zoning is compatible to the neighboring zone classifications, and the intended
use for the property seems to be consistent with the City's plan for development.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ZON-16-05:
MOVED by Ozuna,SECONDED by Hopper 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-16-05:
MOVED by Pollard,SECONDED by Hopper based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case Number ZON-16-05 a request by Grace at Caldwell,LLC
and Linda Hines to rezone 8.33 acres, more or less, from M-1 (Light Industrial) to C-3 (Service
Commercial)with a Development Agreement for the property located approximately 400 feet southeast of
the intersection of 21" Avenue and Chicago Street (Parcel #'s R3537301100 and R35373001200) in
Caldwell,Idaho is approved with the conditions as outlined within the staff report.
Roll call vote. Those voting yes: Pollard, Stadick,Allgood,Ozuna,Hopper,and Callsen. Those voting
no:none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Stadick,SECONDED by Hopper to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 44 [ORDINANCE NO. 3070] FOR CASE NO. ZON-16-05 [GRACE AT
CALDWELL REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING,AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF
THE CITY OF CALDWELL,COUNTY OF CANYON,STATE OF IDAHO,AND THAT SAID LANDS
SHOULD BE REZONED TO THE C-3 (SERVICE COMMERCIAL) ZONE; DETERMINING THAT
SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,CANYON
COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING
DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
BOOK 57 PAGE 167
MOVED by Pollard,SECONDED by Callsen to waive the three reading process and consider Bill No.44
(Ordinance No.3070)on its first reading by title only.
Roll call vote:Those voting yes:Pollard,Stadick,Allgood,Ozuna Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Pollard,SECONDED by Callsen to sponsor Bill No.44(Ordinance No. 3070),move for its
passage by title only,and approve the summary for publication.
Roll call vote:Those voting yes: Pollard,Stadick,Allgood,Ozuna Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL]): CASE NO. ZON-16-06: A REQUEST BY 21sT AND
CHICAGO,LLC AND MATTHEW WITT TO REZONE 7.01 ACRES,MORE OR LESS,FROM
M-1 [LIGHT INDUSTRIAL] TO C-3 [SERVICE COMMERCIAL] WITH A DEVELOPMENT
AGREEMENT. THE SUBJECT PROPERTY IS LOCATED AT 414 N. 21sT AVENUE IN
CALDWELL,IDAHO)
Mayor Nancolas declared the public hearing open.
Jarom Wagoner,621 Cleveland Blvd.,acknowledged being sworn in and provided the staff report outlining
the facts as written. The applicant is requesting the rezone to allow for certain retail-type uses on the
property. He noted that this is a commercial gateway into the City of Caldwell and is heavily used for
entrances to events at the Caldwell Event Center and the College of Idaho. The request is in compliance
with the comprehensive map and staff recommends approval of the request.
Matthew Witt, 350 North 91h Street, Boise, acknowledged being sworn in and spoke in support of the
request. The applicant has collaborated with Grace Assisted Living to make sure that the proposed uses
will work well together. He explained that the development will include retail, professional offices,
restaurant space,and commercial uses. The development will support the community along 21"Avenue
as well as The College of Idaho.
In response to questions from Councilman Allgood, Mr. Witt stated that they are not planning any
residential uses for the subject property as stipulated within the development agreement.
Theresa Schnuerle,20694 Hillcrest Drive,Greenleaf,signed in as neutral to the request but did not provide
public testimony.
MOVED by Stadick,SECONDED by Callsen to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.ZON-16-06:
The Mayor presented the Evidence List: staff report, sign-up sheets, aerial map of ZON-16-06, and the
testimony which has been given this evening.
MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-16-06:
MOVED by Callsen,SECONDED by Allgood to accept the Comprehensive Plan Analysis as presented in
the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO.ZON-16-06:
MOVED by Callsen,SECONDED by Hopper 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, noting that no one
signed in opposition to the request and all City codes and ordinances were used to evaluate this application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.ZON-16-06:
MOVED by Ozuna,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.ZON-16-06:
MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that Case Number ZON-16-06 a request by a request by 21" &
Chicago,LLC and Matthew Witt to rezone 7.01 acres, more or less, from M-1 (Light Industrial)to C-3
(Service Commercial)with a Development Agreement for the property located at 414 N. 21"Avenue in
Caldwell,Idaho is approved with the conditions as outlined within the staff report.
BOOK 57 PAGE 168
Roll call vote. Those voting yes: Pollard, Stadick,Allgood,Ozuna,Hopper,and Callsen. Those voting
no:none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Callsen,SECONDED by Stadick to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 43 (ORDINANCE NO. 3069) FOR CASE NO. ZON-1606 (21sT &
CHICAGO,LLC REZONE)WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST
READING,AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF
THE CITY OF CALDWELL,COUNTY OF CANYON,STATE OF IDAHO,AND THAT SAID LANDS
SHOULD BE REZONED TO THE C-3 (SERVICE COMMERCIAL) ZONE; DETERMINING THAT
SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,CANYON
COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING
DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Callsen,SECONDED by Allgood to waive the three reading process and consider Bill No.43
(Ordinance No.3069)on its first reading by title only.
Roll call vote:Those voting yes:Callsen,Pollard,Stadick,Allgood,Ozuna,and Hopper. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen,SECONDED by Allgood to sponsor Bill No.43 (Ordinance No.3069),move for its
passage by title only,and approve the summary for publication.
Roll call vote:Those voting yes:Callsen,Pollard,Stadick,Allgood,Ozuna,and Hopper. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER BILL NO. 31 [ORDINANCE NO. 3057] AMENDING CHAPTER 1, ARTICLE 11,
SECTION 06-11-09 OF THE CALDWELL CITY CODE REQUIRING THAT TAXIMETERS BE
INSPECTED ANNUALLY PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 2017
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 1,
ARTICLE 11, SECTION 06-11-09, OF THE CALDWELL CITY CODE, REQUIRING THAT
TAXIMETERS BE INSPECTED ANNUALLY; PROVIDING FOR AN EFFECTIVE DATE OF
JANUARY 1, 2017; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS,ORDERS AND PARTS THEREOF,IN CONFLICT HEREWITH.
MOVED by Pollard,SECONDED by Callsen to waive the three reading process and consider Bill No.31
(Ordinance No.3057)on its first reading by title only.
Roll call vote:Those voting yes: Pollard,Stadick,Allgood,Ozuna,Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Pollard,SECONDED by Hopper to sponsor Bill No. 31 (Ordinance No.3057),move for its
passage by title only,and approve the summary for publication.
Roll call vote:Those voting yes:Pollard,Stadick,Allgood,Ozuna Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL]: A REQUEST BY CANYON COUNTY TO APPEAL
THE PLANNING&ZONING COMMISSION'S DECISION TO DENY CASE NUMBER SUP-16-
09, A REQUEST TO EXPAND THE CANYON COUNTY JAIL LOCATED AT THE
INTERSECTION OF CHICAGO STREET AND 12TH AVENUE)
Mayor Nancolas opened the hearing by explaining the quasi-judicial process and asked those who would be
providing public testimony (out of the respect of time) to limit their testimony or state that they are in
agreement in similar testimony previously provided.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report by
outlining the facts as written. He stated that the neighborhood is currently zoned "Traditional
Neighborhood"which is mixed-use zone permitting both commercial and residential uses. The landscape
plans have been reviewed and approved by Planning&Zoning staff.
BOOK 57 PAGE 169
A parking study conducted by T-O Engineers was submitted by the applicant. The traffic study indicates
that Canyon County is in compliance with City Code in terms of parking spaces. The current site for the
proposed jail facility is a parking lot. A new parking would be built on an undeveloped parcel at the corner
of Chicago Street and 14th Avenue.
Mr.Billingsley reviewed the conditions that are allowed to be placed on a Special Use Permit(page three
of the staff report). He noted that comments were received by the Fire Marshal concerning the proposed
development. The Planning & Zoning public hearing was held on August 9, 2016. Mr. Billingsley
reviewed the testimony from the Planning &Zoning public hearing and the findings of the Planning&
Zoning Commissioners.
Mr.Billingsley reported that he has added another Condition of Approval to the staff report if the appeal is
approved: Condition 8.14—"The Building Official shall not issue a building permit for the jail expansion
until January 10,2017."
Mr.Billingsley provided a PowerPoint slide entitled"Order of Decision Possibilities" for City Council to
consider:
1. Uphold the Planning&Zoning Commission's decision if Council feels that the project is not suitable
for the neighborhood.
2. Overturn the Planning&Zoning Commission's decision and adopt Condition 8.14 if Council feels
that the project is suitable for the neighborhood,but is concerned about the project being abandoned.
3. Overturn the Planning & Zoning Commission's decision and eliminate Condition 8.14 if Council
feels that the project is suitable for the neighborhood and Council is not concerned about the project
being abandoned.
Mr. Billingsley reported that letters of opposition were received within his office from Paul Alldredge,
Hubert Osborn,Carol Wells,and Tom Munds,which were included in the agenda docket. Two additional
letters were received after the agenda was posted last week from Dorothy Ogren(in support of the project)
and from William Walsh(in opposition of the project).
Mayor Nancolas labeled the letters as CC-1000(William Walsh)and CC-1001(Dorothy Ogren).
The Mayor asked if there have been any exparte communication with the public concerning this matter:
Councilman Callsen reported that he had received phone calls but did not discuss the issue. He encouraged
the individuals to attend the public hearing.
Councilman Pollard reported that he received a voicemail but deleted it without responding to it.
Councilman Stadick reported that he received a text message. He encouraged the individual to attend the
public hearing.
The Mayor reported that he had met with Commissioner Dale, County Clerk Chris Yamamoto, and
Commissioner Rule instructing them only on the public hearing/appeal process and not the merits of the
case.
Mark Hilty asked Councilman Stadick if he read the text message that he received. Councilman Stadick
responded that it was one of the letters that which has submitted into the record. He noted that he replied to
the text by stating that he could not comment and encouraged the constituent to attend the public hearing.
Russell Moorhead, Project Architect at 1221 Shoreline, Boise acknowledged being sworn and spoke in
favor of the request. He provided a PowerPoint presentation of the proposed jail expansion.
The total bed capacity of the current jail facility is 477 inmates. The proposed facility is a two-story
structure with 42,700 additional square feet with a designed capacity of 281 beds. He noted that the
parking study reveals that there is adequate parking on campus to accommodate the addition without
utilizing street parking. . The existing protective custody unit would be relocated into the new facility thus
freeing the current facility to be remodeled into a medical unit. He provided a PowerPoint overview of the
schematic design
Mr. Moorhead reiterated that this is a land-use decision and not a political or financial issue. He
emphasized that the site is suitable for the jail expansion project and outlined the positive impact of the
facility on the community, its compatibility with the surrounding area, and addressed public safety
concerns.
The Mayor labeled the overhead view display board provided by Mr. Moorhead as CC-1002 and the
PowerPoint presentation as CC-1003.
The Mayor called a short recess while the Caldwell High School students exited the meeting.
Steve Rule,Canyon County Commissioner,520 West 91h Street,Middleton,acknowledged being sworn in
and provided a packet of information to the Council Members.
The Mayor labeled the information packet as CC-1004 and the display board (Canyon County Campus
Master Plan)as CC-1005.
BOOK 57 PAGE 170
Commissioner Rule addressed areas of concern speaking to the need for the expanded jail facility. He
addressed such topics as continued growth within Canyon County,the need to handle new inmates,issues
from the Idaho State Justice Program,three other attempts for failed jail bonds,compatibility of the facility
with the surrounding area,the inefficiency of the tent structure for housing inmates,lighting issues,the age
of the current jail facility,and the availability of expanding the building without raising taxes.
Councilman Callsen questioned Commissioner Rule about the change of use concerning the tent structure.
Mila Wood,11896 Lincoln Road,acknowledged being sworn in and spoke in favor of the appeal. She said
that the expansion plan will save the taxpayers a significant amount of money.
Randy Wood,11896 Lincoln Road,signed in favor of the appeal but did not speak.
Karen Schumauker,6812 View Lane,acknowledged being sworn in and concurred with the testimony of
Mila Wood. She spoke in favor of the jail proposal.
Craig Hanson, Canyon County Commissioner at 1115 Albany Street, acknowledged being sworn in and
spoke in favor of the appeal. He noted that the design meets all of the jail standards for the State of Idaho.
He praised LCA Architects for the excellent design plan of the jail expansion. He noted that the kitchen
has been previously remodeled and will handle the expansion. He referenced the recent escape from the
tent structure highlighting its overuse. He indicated that the public is not in favor of bonding for a new jail
facility. The proposed plan would cover a period of 15-20 years.
Councilman Allgood asked how many people visit the jail on a daily basis.
Commissioner Hanson stated that the County Sheriff would need to provide that information.
Paul Alldredge, 3107 Arlington Avenue, acknowledged being sworn in and signed in as neutral to the
request. He recommended that the project be continued to January 2017 thereby not breaking ground at
this point. He expressed concern with the current zoning classification relating to the close proximity the
Canyon County jail campus to residential and a school facility.
Keri Sigman,16365 W.Linden,signed in opposition to the project but did not provide testimony.
Terry Navrattl, 1914 Cleveland Boulevard, acknowledged being sworn in and spoke in opposition to the
request. He stated that Canyon County needs a new jail,not an expansion of the existing facilities. The
proposed plan does not address the current or future needs as expressed by the jail staff/administration.
Vicki Holmes,412 North 12th Avenue,acknowledged being sworn in and spoke in opposition to the appeal
request. She expressed concern regarding safety issues for the neighborhood.
Chris Yamamoto,Canyon County Clerk, 818 Suncrest Lane, acknowledged being sworn in and spoke in
opposition to the request. He expressed concern about the suitability of the plan and stated that an
efficient jail plan should be implemented. He reported that $57,000 has been commissioned for a
operational study to be conducted. He recommended Option 92 be chosen thereby overturning the
Planning&Zoning decision and waiting until January 2017 to commence with the project.
In response to questions from Councilman Pollard, Mr. Yamamoto reported that the operations budget
would need to be funded through additional property taxes.
In response to questions from Councilman Stadick,Mr.Yamamoto reported that he did not know how long
it will take to complete the operational study. He stated that approximately 33% reserve would be
considered an appropriate fund balance and that it should not drop below 25%. With the suggested
proposal,the fund balance could go as low as 15%. He further explained that the only way to regain the
fund balance would be to raise taxes. He reported that for the past ten years the County has been gaining in
fund balance. For two consecutive years property taxes have been reduced per his recommendation.
Kieran Donahue, Canyon County Sheriff at 1115 Albany, acknowledged being sworn in and spoke in
opposition to the proposal. He expressed his concern that adding on to existing building would be a poor
use of tax dollars since there have been too many maintenance issues at the existing facility over the years.
He provided details as to the need for additional inmate beds to operate the facility. He reported that
approximately 200 people come into the Sheriff's Inmate Labor Detail office per day, 100 persons come
into the visitation office,and another 150 visitors come to the kiosks to speak with their family members
who are inmates at the jail. He expressed his concern about insufficient parking to handle the approximate
number of 450 daily visitors to the site.
Councilman Allgood asked where the visitor's entrance would be located in newly proposed design.
Sheriff stated that the entrance would be located on the west side of 12th Avenue(east side of the newly
proposed building).
Councilman Allgood stated his concern was about the amount of people crossing Chicago Street to access
the facility.
In response to questions from Councilman Stadick,Sheriff Donahue stated that a pod-style facility could be
staffed more efficiently. A pod-style also referred to as the wagon-wheel design would allow for less
BOOK 57 PAGE 171
deputies to watch more inmates in individualized pods. Any movement within the existing facility is
difficult to oversee. Staffing at a new facility would also allow for the transport of inmates.
Tom Dale,Canyon County Commissioner at 1115 Albany,Street,acknowledged being sworn in and spoke
in opposition to the appeal of the Planning&Zoning decision. He reported that the proposed plan would
not cover an extended time period as previously reported in testimony. He explained that the expansion
does not cover the need for additional jail space. A long-term strategic plan should be formulated to
address this need. He noted that the Justice Reinvestment Act has changed the terms of incarceration
dealing with the state correctional facilities and their involvement now with county jails relating to parole
violations.
Darren Ward,1115 Albany Street,acknowledged being sworn in and spoke in opposition to the request.
J.W.Dickman,17966 Wagner Road,acknowledged being sworn and spoke in opposition to the appeal.
Pam White,Canyon County Commissioner Elect, 1115 Albany Street,was sworn in by the City Clerk and
spoke in opposition to the request. She stated that citizens have the right to vote for a jail facility. The
facility should be built to house inmates for 50 years. She expressed her concern about the lack of
compatibility to the neighborhood as well as the unsafe nature of the tent facility.
In rebuttal,Commissioner Rule addressed comments made concerning the property tax issues and excess
fund balance.He reported that the County Clerk has used fund balance rather than appropriate tax increases
to keep the budget levies down. He commented on the staffing of the jail facility by the sheriff's
department,single jail cells,the pod-style management jail plan,parking issues,fear concerning the hole in
the ground,and compatibility with the neighborhood noting the presence of the jail within the area over the
past 80 years.
Mark Hilty,City Attorney at 1303 12th Avenue Road,provided instruction and clarification concerning the
role of City Council making a land-use determination concerning the matter.
Brian Billingsley provided instruction for Council regarding the Comprehensive Plan as addressed under
Item#5.1 on page I I of the staff report.
The Mayor outlined the options for City Council to consider in the decision-making process.
In response to questions from Councilman Pollard,Mr.Hilty stated that a tour of the current jail facility
would be considered a public gathering of the Council Members and would need to be noticed
appropriately.
In response to questions from Councilman Callsen,Mr.Hilty clarified that the determination must be based
strictly on land-use issues and not from a funding or taxing viewpoint.
In response to questions from Commissioner Allgood, Commissioner Rule stated that two county
commissioners can vote as the ruling majority to manage county facilities and consider budgetary matters.
MOVED by Hopper,SECONDED by Stadick to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO.APPEAL OF SUP-16-09:
The Mayor presented the Evidence List: staff report, sign-up sheets, aerial map, and the CC-1000(letter
presented by Brian Billingsley from William Walsh dated 10-3-2016),CC-1001 (letter presented by Brian
Billingsley from Dorothy Ogren dated 9-30-2016),CC-1002(display board showing the overhead view of
the site presented by Russell Moorhead), CC-1003(PowerPoint presentation provided by Russell
Moorhead), CC-1004 (Packet of information provided by Commissioner Steve Rule), and CC-1005
(Canyon County Master Plan display board provided by Commissioner Rule).
MOVED by Hopper,SECONDED by Allgood to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.APPEAL OF SUP-16-09:
MOVED by Hopper to accept the Comprehensive Plan Analysis under roman number V as found in the
staff report including Section 5.1 thereby overturning the decision of the Planning and Zoning Commission.
MOTION DIED FOR THE LACK OF A SECOND
Moved by Callsen,SECONDED by Pollard to accept the Comprehensive Plan Analysis as presented in the
staff report under roman number V including Section 5.2 thereby upholding the decision of the Planning
and Zoning Commission.
Roll call vote:Those voting yes:Callsen,Pollard,Stadick,Allgood,and Ozuna. Those voting no:Hopper.
Absent and/or not voting:none.
MOTION CARRIED
BOOK 57 PAGE 172
FINDINGS OF FACT ON CASE NO.APPEAL OF SUP-16-09:
MOVED by Callsen,SECONDED by Pollard 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 noting safety issues
for the neighborhood,the speed of traffic along Chicago Street which is being proposed as a pedestrian
crossing,parking issues dealing with accessibility,disagreement within the commissioner board as it relates
to a new decision maker taking office in January, timing issue of the project being started without the
assurance of completion,and lack of compatibility to the surrounding area.
Councilman Allgood expressed his concern with the disagreement of the commissioner board about this
matter and the fact of a newly elected official taking office in January.
Councilman Callsen clarified his view on the lack of compatibility of the project. He noted that the jail
was built in the early years;however,the city has changed since then and therefore it is not necessarily a
good compatibility fit to the surrounding area.
Roll call vote:Those voting yes:Callsen,Pollard,Stadick,Allgood,and Ozuna. Those voting no:Hopper.
Absent and/or not voting:none.
MOTION CARRIED
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO.APPEAL OF SUP-16-09:
MOVED by Ozuna,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.
Roll call vote:Those voting yes:Ozuna,Hopper,Callsen,Pollard,Stadick,and Allgood. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO.APPEAL OF SUP-16-09:
MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the
Caldwell City Council hereby orders that the Planning&Zoning Commission's denial of Case File No.
SUP-16-09, a request by Canyon County for a special-use permit to expand the Canyon County Jail, is
hereby upheld.
Councilman Hopper commented on the case. He stated his unrest with such disagreement among the
County Officials concerning this matter. He stated that the current location is an appropriate place for a
jail;however,the site could be abandoned within the next 10-15 years thereby leaving multiple buildings
designed for a jail without any future use. This would not be of service to the taxpayers. He emphasized
the importance that everyone understands the Master Plan for the site. He stressed that current leadership
has made this is a political agenda item. He noted that he agrees with the safety concerns which have been
expressed and that possibly hawk-lighted crosswalks should be considered even without the expansion of
the jail complex.
Roll call vote:Those voting yes:Pollard,Stadick,Allgood,Ozuna,and Callsen. Those voting no:Hopper.
Absent and/or not voting:none.
MOTION CARRIED
The Mayor reminded those in attendance that communication with him or the City Council Members is not
allowed due to restrictions of exparte communications during the appeal process.
Mr.Hilty stated that staff will prepare a written Order of Decision document to be rendered on October 17th
at the next Regularly Scheduled City Council Meeting. If the Order of Decision is adopted by City
Council,the appeal time for the district court is 28 days from the date of adoption.
(FINANCE AND HUMAN RESOURCE REPORTS)
It was noted that the Finance Report contains two different payroll amounts. It was determined that a
corrected report will be brought back to City Council for their consideration at the next upcoming meeting.
(COUNCIL COMMENTS)
Commissioner Pollard reported on the successful grand opening of the Centennial Dog Park.
Commissioner Stadick reported on construction updates which have transpired at the Veterans Memorial Hall.
(MAYOR'S COMMENTS)
The Mayor reported that Corey Worwood has been elected as the new president for the Caldwell Firefighters
Local#1821.
The Mayor reported that Mayor Bieter of Boise recently came to Caldwell to view changes within the
downtown area. Mayor Nancolas was asked to serve on the Boise Airport Commission representing Canyon
County.
BOOK 57 PAGE 173
Upcoming events:
October 6,2016 Night of History sponsored by the Friends of the Depot at the Train Depot. Steve
Maughn,Professor at The College of Idaho will be the guest speaker.
October 8,2016 College of Idaho Homecoming
October 10,2016 Ribbon cutting at the Jacksons Food Store on Hwy.20/27&Middleton Road
October 12,2016 Mayor's Youth Advisory Council Meeting
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 74-206,SECTION [J] FOR THE
PURPOSE OF CONSIDERING LABOR CONTRACT MATTERS AUTHORIZED UNDER SECTION
67-2345A [74-206A] [A] AND [B] AND SECTION [C] FOR THE PURPOSE OF DISCUSSING THE
ACQUISITION OF OR AN INTEREST IN REAL PROPERTY NOT OWNED BY A PUBLIC
AGENCY
MOVED by Callsen, SECONDED by Pollard to convene into Executive Session pursuant to Idaho Code,
Section 74-206, Subsection 0)for the purpose of considering labor contract matters authorized under section
67-2345A [74-206A] (a) and (b) and Subsection (c) for the purpose of discussing the acquisition of or an
interest in real property not owned by a public agency at I I:17 p.m.
Roll call vote. Those voting yes: Callsen,Pollard, Stadick, Allgood, Ozuna, and Hopper. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen,SECONDED by Stadick to reconvene into Regular Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Callsen to adjourn at 11:40 p.m.
MOTION CARRIED
APPROVED AS written THIS 17th DAY OF October ,2016.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk