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HomeMy WebLinkAbout2008-07-21city council minutesBOOK 49 REGULAR MEETING July 21, 2008 7:00 P.M. PAGE 113 The Meeting was called to order by Mayor Nancolas. He noted that a workshop was conducted at 6:00 p.m. for the purpose of discussing the Area of Impact proposal and amendments to the Transient Merchant ordinance. The Mayor asked everyone to stand for the invocation led by the Pastor Ed Burns of the Deer Flat Free Methodist Church and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, and Sobba. Those absent: Dakan. SPECIAL PRESENTATIONS The Mayor outlined the many involvements and successes of the Mayor's Youth Advisory Council since its inception in 1998. He noted that the Council now has approximately 60 members. The FY 2007 -08 Executive Officers from the Mayor's Youth Advisory Council were recognized by the Mayor and presented with plaques to include Kristin Favillo (Treasurer), Jessica McIntyre (Historian), Kathleen Momont (Chair), and Paige Baxter (Secretary). ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the Consent Calendar portion of the agenda by amending Item #6 to read: "Approve Resolution to accept the apparent low bidder for construction of the concrete foundation and backstop wall for the Griffith Park hardball field dugouts and backstop to ASC, Inc. in the amount of $28,150.'; add Item #11 to read: "Approve Resolution to accept the apparent low bidder for construction of fencing at the Griffith Park Hardball Field to D & W All Types Fencing in the amount of $27,963. "' add Item #12 to read: "Approve Resolution No. 99 authorizing the execution of the amendment to the optional redemption provisions of the Loan Agreement and Trust Indenture dated July 17, 1995 regarding Purple Sage Golf Course.'; add Item #13 to read: "Approve Resolution No. 100 authorizing the execution of the issuance of a Refunding Revenue Note Purchase Agreement for the purpose of redeeming and retiring the Certificates of Participation, Series 1995, regarding Purple Sage Golf Course."; and continue Item #7 to the August 4, 2008 Regular City Council meeting. Those voting yes: unanimous. AUDIENCE PARTICIPATION MOTION CARRIED Gary Vance, of Superior Signs located at 812 Main Street, requested that the Council review the current building department regulations requiring engineering for the attachment of all wall mounted signs 32 square feet and above. He noted that this requirement is being imposed on flat substrate signs as well as projecting signs. Discussion followed concerning ifthis requirement is stipulated within the Uniform Building Code. Anne Marie Skinner stated that she would research the issue with the Building Official (Brett Clark) and respond back to the Mayor and Mr. Vance accordingly. Paul Alldredge reported that the Caldwell Rotary is looking for a community service project. He noted that the Master Park Plan addresses a future skate park at Pipe Dream Park He requested that the Council reconsider the development of the skate park at Pipe Dream Park noting that it would be difficult for youth to access that facility unless they had access to an automobile. He suggested instead that the Caldwell Memorial facility be enhanced. He stated that there is grant money available from the Tony Hawk Foundation for skate parks. The Mayor indicated that the skate park located at Pipe Dream Park is nearly completed. He noted, however; that the Master Park Plan does allow for three separate skate park sites within the City of Caldwell, which includes the one at Caldwell Memorial Park site, one within the area of the YMCA near Brothers Park, and one at Pipe Dream Park. He reported that the Pipe Dream Skate Park was a project instigated by the Mayor's Youth Advisory Council approximately two years ago. The youth determined the location of the skate park and raised $100,000 for its construction. He expressed his appreciation to the Rotary Club for their participation in civic projects in the past and encouraged them to consider involvement as the City moves forward with plans concerning the other skate park sites. 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 Executive Session held on July 7, 2008, the City Council Budget Workshop held on July 7, and the Regular City Council meeting held on July 7, 2008; Caldwell Golf Board meeting held on June 27, 2008, the Friends of the Caldwell BOOK 49 PAGE 114 Depot Committee meeting held in June 12, 2008, and the Caldwell Industrial Airport Commission meeting held on July 10, 2008; 2. Approve Order of Decision for Case No. ANN - 112- 06 -DAA (Cedar Crossing development agreement); 3. Approve Resolution No. 108 -08 accepting the dedication of water, storm drain, and street light improvements from Liquid Realty, Inc. for Dakota Crossing Subdivision, Phase No. 2; 4. Approve Resolution No. 107 -08 accepting an Avigation and Noise Easement from Tyre T. Swain and Shawna L. Swain for said property located within the APO -2 Airport Overlay zoning designation; 5. Approve Resolution No. 106 -08 accepting an Avigation and Noise Easement from Pheasant Run VI, LLC for said property located within the APO -2 Airport Overlay zoning designation; 6. Approve Resolution No. 102 -08 to accept the apparent low bidder for construction of the concrete foundation and backstop wall for the Griffith Park hardball field dugouts and backstop to ASC, Inc. in the amount of $28,150; [Amended] 7. Approve Resolution authorizing the execution of a Supplemental Right -of -Way Agreement with Darrel Deide regarding costs in lieu of construction for improvements associated with the Chicago and 21" Avenue Signalization project; [Continued to the August 4, 2008 Regular City Council meeting] 8. Approve Resolution No. 105 -08 to accept the updated Section 504 Transition Plan for the City of Caldwell; 9. Approve Resolution No. 104 -08 authorizing the policy regarding non - discrimination on the basis of disability for the City of Caldwell; 10. Approve Resolution No. 103 -08 authorizing the policy regarding grievance procedure on the basis of disability for the City of Caldwell; 11. Approve Resolution No. 101 -08 to accept the apparent low bidder for construction of fencing at the Griffith Park Hardball Field to D & W All Types Fencing in the amount of $27,963; [Added] 12. Approve Resolution No. 99 authorizing the execution of the amendment to the optional redemption provisions of the Loan Agreement and Trust Indenture dated July 17, 1995 regarding Purple Sage Golf Course; [Added] 13. Approve Resolution No. 100 authorizing the execution of the issuance of a Refunding Revenue Note Purchase Agreement for the purpose of redeeming and retiring the Certificates of Participation, Series 1995, regarding Purple Sage Golf Course; [Added] MOVED by Blacker, SECONDED by Oates to approve the Consent Calendar as amended. Those voting yes: unanimous. MOTION CARRIED OLD BUSINESS: (CONTINUED: CONSIDER THE REQUEST FOR APPEAL REGARDING THE ALCOHOL BEVERAGE APPLICATION FROM HERMINIO SANDOVAL) The Mayor outlined the facts concerning the request from the applicant's attorney to continue the public hearing. He reviewed the public hearing procedure and declared the public hearing open. Mark Hilty, 1303 12"' Avenue Road, Nampa, acknowledged being sworn in and reported that Mr. Herminio Sandoval was denied the request for an alcoholic beverage license transfer associated with Salon El Sureno in May 2008. He explained that in 2004 Mr. Sandoval was convicted of dispensing alcohol to a minor while holding a beer and wine license with the City of Caldwell. When the license came up for renewal the following year, the application was denied upon the basis pursuant to City Code Section 06- 07- 13(3)(B). The license was then transferred to Erica Ibarra. Ms. Ibarra held the license until she was convicted of the sale of alcohol after hours in 2007, therefore; when her license came up for renewal, it was denied. This action brought about the request for a transfer of the license back to Mr. Sandoval. When the criminal background check was conducted it indicated his conviction in 2004, which rendered him ineligible for the license. Mr. Hilty continued by stating that recently Mayra Sandoval submitted an application for transfer of ownership of the alcoholic beverage license at the Salon El Sureno establishment. That license has now been issued. He noted that if Council rules in favor of Mr. Sandoval, he is still not able to obtain a license for the facility since there already is a license for the location. Therefore, Mr. Sandoval is seeking clarification if he will be eligible to apply for a license in the future. The Mayor reviewed the exhibits previously presented at the first public hearing conducted on July 7, 2008: CC -1000 (letter from Mr. Harris dated June 5, 2008 and addressed to the City of Caldwell, Attention: Debbie Geyer, City Clerk), CC -1001 (packet of information that contained several ordinances and items of information presented by Mr. Harris to the City Council), CC -1002 (photo copy of the City Code, Section 06 -07 -13 [Qualifications of Licensee] presented by Mark Hilty), CC- 1003 (packet of information for Council's review as specified in the July 7"' public hearing by Mr. Harris) Richard Harris, 1023 Arthur Street, acknowledged being sworn in. He outlined information obtained from his research of the City Clerk's files concerning conditions of denial of alcoholic beverage licenses within the City of Caldwell within the past ten years. He thanked the City Clerk for her cooperation in allowing research of the files concerning this issue. BOOK 49 PAGE 115 He noted that through his research he found that most license denials were due to DUI charges, which equates to a prohibition of the license for a period of five years. He outlined one instance where the Chief of Police negotiated the terms of a license with an applicant where parents had complained about the establishment. He noted that the negotiation did not result in the revocation of the license or citing of the licensee, but rather, Conditions of Approval were issued in order for the business to continue. Mr. Harris reported that the reasons given in that instance are the same offenses against Mr. Sandoval — sale of beer to an underage individual. This action sets precedence for the issuance of a license with such conditions. Mr. Harris argued that the City ordinance as written permanently denies Mr. Sandoval a liquor license for his 2004 conviction of selling alcohol to minors and is disproportionate, oppressive, and unreasonable to the conduct which it is designed to prevent as well as being possibly unconstitutional. He presented a document entitled "Order of Stipulated Conditions of the Issuance of a Beer License" which the Mayor labeled as CC -1004. Mr. Harris continued by stating that most municipalities have a stipulated three -year ban in similar cases. He addressed the matter of infringement of a person's property rights as stipulated within the Idaho State Code. In response to questions from the Mayor, Mr. Hilty stated that this portion of the City Code was adopted in 1991 and the agreement as referenced by Mr. Harris was instigated in 1993. In response to questions from Councilman Oates, Mr. Harris stated that the revenue that Mr. Sandoval receives from leasing the property is substantially less than if he was able to operate the business himself. Councilman Blacker asked Mr. Harris if Mr. Sandoval has considered revising the contract to allow for more revenue. Mark Hilty noted that the City Clerk receives dozens of applications and renewals per year. He suggested that Council uphold the action of the City Clerk based on the reading of the City Code. Further, the Ordinance should be reviewed for possible modifications as deemed necessary by staff. The Mayor concurred with Mr. Hilty that the City Clerk acted appropriately and accurately in following the plain reading of the Code. He agreed that the Code should possibly be reviewed for continuity of the legal nexus between behavior /consequence versus what the Code stipulates. He expressed his concern, however, with issuing a license to someone who has disregarded the laws associated with the consumption of alcohol, noting that the consequence associated with the conviction should be reasonable and consistent. Councilman Oates suggested that Council direct staff to revisit the Ordinance with an eye towards bringing it up to an appropriate interpretation as well as upholding Mr. Sandoval's appeal. Mr. Hilty responded that since there is already a license at the establishment, this action would reiterate to Mr. Sandoval that he would be qualified to hold a license so potentially he could have it transferred to him or find another location. Councilman Callsen expressed his concern that such an action would put Council in conflict with our own ordinance until we change it. Mr. Hilty stated that if Council deems the ordinance as unconstitutional (unreasonable and arbitrary), that determination would be stating that there is an ordinance on the books that would not be enforced. The Mayor stated that if the Ordinance is on the books, then Council has the right to allow to uphold it. If the ordinance needs review, then Council should acknowledge that the City Clerk followed the ordinance as written and then direct staffto bring back something reasonable, which indicates the legal nexus and in compliance with an appropriate time frame associated with the denial. This action also sends the message to Mr. Sandoval that he has the right to reapply if the City Code so stipulates. He reported that the current code was written to reasonably manage the consumption of alcohol in this community and try to limit the offenses related to consumption by minors. Councilman Hopper concurred that the Clerk acted appropriately with the ordinance as it stands and that Section (3)(B) has some ambiguity issues that need to be addressed. He noted that possibly the two -year forfeiture portion of the ordinance may need revision rather than the lifetime band. He cautioned Council to be careful with their progression of the ordinance. Staff needs to review the ordinance and the public hearing process needs to be made available for citizen awareness and comments. In rebuttal, Mr. Harris clarified that if Council deems the ordinance to be ambiguous, then Council has the right and ability to address that issue and provide reasonable relief from that ambiguity. Thus, he requested that Council provide reasonable relief based on the ordinance's ambiguity. He clarified that the current lease that Mr. Sandoval holds with the facility's occupant is for a three -year period of time. Discussion followed by Council concerning criteria to determine a `reasonable" relief basis vs. upholding the City Clerk's determination and directing staff to review the ordinance for possible future amendments. BOOK 49 PAGE 116 Mr. Harris noted that if Council choose to provide reasonable relief from the ordinance, it would only apply to this case. MOVED by Hopper, SECONDED by Oates to close the public testimony portion of the hearing. Those voting yes: unanimous. EVIDENCE LIST: MOTION CARRIED The Mayor presented the Evidence List: staff report and sign up sheets, CC -1000 (letter from Mr. Harris dated June 5, 2008 and addressed to the City of Caldwell, Attention: Debbie Geyer, City Clerk), CC-1001 (packet of information that contained several ordinances and items of information presented by Mr. Harris to the City Council), CC -1002 (photo copy of the City Code, Section 06 -07- 13 [Qualifications of Licensee] presented by Mark Hilty), CC -1003 (packet of information presented to the City Council from Mr. Harris dated July 17, 2008), and CC -1004 (copy of "Order of Stipulated Conditions of the Issuance of a Beer License" presented by Mr. Harris this evening) MOVED by Oates, SECONDED by Hopper to accept the Evidence List as presented. Those voting yes: unanimous. ORDER OF DECISION: MOTION CARRIED MOVED by Oates that Council affirm Mr. Sandoval's appeal request on the basis that Ordinance 06- 17-13 (3)(B) is ambiguous, thus upholding his appeal as stated. The motion died for lack of second. ALTERNATE ORDER OF DECISION: MOTION FAILED MOVED by Hopper, SECONDED by Callsen that Council deny the appeal while acknowledging that there are issues concerning Ordinance 06 -17 -13 (3)(B) thereby directing staffto propose modifications to the ordinance, which could be implemented as soon as possible and may indeed provide the ultimate relief for Mr. Sandoval, depending the final decision of that Ordinance. In this instance, Council agrees that the City Clerk acted appropriately by following the ordinance as it stands and would thus direct the duty of this Council to try to resolve the ambiguity issue and make it clear for any future applicants. Roll call vote. Those voting yes: Hopper, Callsen, Sobba, and Blacker. Those voting no: Oates. Absent and/or not voting: none. MOTION CARRIED The Mayor directed Mark Hilty to prepare the final Order of Decision to include the Findings of Fact and Conclusions of Law. Mr. Hilty noted that the document would be prepared and brought before Council on August 18, 2008. MOVED by Oates, SECONDED by Hopper to close the public hearing. Those voting yes: unanimous. MOTION CARRIED The Mayor suggested that Mr. Harris be included in staff's review of the ordinance to give input concerning possible revisions based upon this experience. He directed Mark Hilty to contact Mr. Harris accordingly. The Mayor called a short recess. NEW BUSINESS: (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUP - 310 -08 AN APPEAL REQUEST BY WEST VALLEY MEDICAL CENTER AND ST. DAVID'S EPISCOPAL CHURCH TO REVERSE THE HEARING EXAMINER'S DENIAL FOR A SPECIAL USE PERMIT TO OPERATE A HELIPAD IN THE H -D HOSPITAL DISTRICT ZONE. THE SITE IS LOCATED AT 1800 ARLINGTON AVENUE) Councilman Sobba declared a conflict of interest with the case and abstained from the hearing. Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report as written. She noted that the zoning is currently HD (Hospital District). She submitted a letter from the Darlene Harryman of the PEO Chapter House and an e -mail from Doug Brown, which the Mayor BOOK 49 PAGE 117 labeled as CC -1000 and CC -1001. The Mayor also noted that 81 letters of support of the request were received by the City Clerk and an aerial map ofthe site, which he labeled as CC -1003 and CC -1004. Ms. Skinner noted that the denial was based on the location of the helipad relating to traffic issues. She noted that staff recommends that the helipad might be more appropriately located in the parking lot and the parking spaces that would be lost could instead be relocated to the proposed helipad site. She presented proposed additions to the Conditions of Approval as listed in the staff report to mitigate safety issues. She noted that the applicant had already received a copy of the conditions. The Mayor labeled the document as CC -1002. Kathy Moore of West Valley Medical Center, 14980 Oma, acknowledged being sworn in. She presented documents, which the Mayor labeled accordingly: West Valley Medical Center response to the Caldwell Hearing Examiner's denial (CC- 1005), the Helicopter Patient Transfer Policy (CC- 1006), memo from William L. Patterson dated July 14, 2008 addressing the documents from PEO Chapter House given to the Hearing Examiner (CC- 1007), and an article from the Idaho Press Tribune dated July 14, 2008 (CC- 1008). Ms. Moore recommended that the Hearing Examiner's decision be overturned and thereby allowing the helicopter pad to be constructed. She rebutted the six points of denial from the Hearing Examiner's Order of Decision. She noted her concern about the accelerated traffic along I -84, which delays ambulance service from the West Valley Medical Center to the Boise hospital designation. She explained that the emergency air service would only be used to transport patients from West Valley Medical Center to Saint Alphonsus Medical Center in Boise, not receive patients. Saint David's Episcopal Church will use the helipad for a prayer labyrinth. Ms. Moore stated that the traffic would be minimally affected by the operation of emergency air service on the helipad. The Caldwell Fire Department has requested to be present during landings and take -off at the site. One June 19, 2008 the hospital participated on a community -wide disaster drill requiring the temporary closure of Pine Street and Arlington Avenue for several hours. No traffic issues were created during the extended closure period. David McFadden, 1717 Arlington Avenue, acknowledged being sworn in and spoke in favor of the request. He noted staffs suggestion to construct the helipad in the hospital parking lot and replace those spaces at St. David's Episcopal Church. He reported that the church is not receptive to having a parking lot built at their proposed site. The church desires the area to stay as a grass area with a circular concrete pad displaying a labyrinth. This partnership is a collaborative effort to meet the need of both the church and the hospital. In response to questions from Councilman Oates, Mr. McFadden stated that the hospital was agreeable to include calling the Caldwell Fire Department and Police Department on their in -bound policy checklist for receiving aircraft. Erica Lockner, 15768 Cupid Drive, acknowledged being sworn in and spoke in favor of the request. She stated that she serves as the Chief of Nursing at West Valley Medical Center. She supports the availability of the Life Flight option at the hospital. Vicki Stacy, 421 S. Florida, acknowledged being sworn in and stated that she concurred with the testimony in favor of the request. Terry Peoples, 219 Hilldrop Street, acknowledged being sworn in and stated that he concurred with the testimony in favor of the request. William Patterson of Air Methods Corporation, 1446 NW Jace Avenue, Ontario, Oregon, acknowledged being sworn in and spoke in favor of the request. He noted that his firm operates and maintains the aircraft and pilots for St. Alphonsus Life Flight. The opportunity to have a designated helipad provides the safest access and route for the service. He concurred with the Fire Chiefs recommendation of changes to the site before final approval is given as the designated helipad. This would be a private helipad and therefore the requirements are much different. The church sign must be stabilized and some trees must be removed. In response to questions from the Mayor, Mr. Patterson explained the landing and take off process. He noted that generally the aircraft is shut down while waiting for the patient to be boarded. Ground time is dependent upon the stabilization of the patient before transporting. John McGee, 2607 Aspen Falls, acknowledged being sworn in and concurred with testimony in favor of the request. Noelle Sandy, 4466 Hogg Road, Homedale, signed in favor of the request but was not available to speak. Bill Cline, senior warden from St. David's Episcopal Church, 14019 Willis Road, Caldwell, acknowledged being sworn in and spoke in favor of the request. He noted that the Diocese of Idaho is the owner of the property and they are in favor of the proposal. The church's grassy area had been reserved for future expansion when the church was built fifty years ago. The congregation has made plans for a memorial garden at the site when funding was acquired approximately three years ago for a labyrinth at the site. The congregation supports the request for the helipad in a partnership effort with BOOK 49 PAGE 118 the hospital and community. The windows in the building at over 100 years old, but it was observed at the June 19"' community disaster drill that the windows were not affected by the helicopter and the noise level was very minimal, which would not disrupt services in the facility. Ted Ryan of St. Alphonsus Hospital, 1005 Curtis Road, acknowledged being sworn in and spoke in supprt of the request. Jenny Williamson — 1717 Arlington, acknowledged being sworn in and spoke in support of the request. She noted that her husband, as a police officer, was shot in the line of duty three years ago. She credited the availability of the Life Flight transport from Mercy Hospital to St. Alphonsus Medical Center to saving his life. Gregg Owen, of Canyon County Ambulance, 11118 Moss Lane, acknowledged being swom in and concurred with testimony in support of the request. Dwayne Vaughn, 11503 Roanoke Drive, acknowledged being sworn in and spoke in support of the request. He emphasized how Life Flight saved his life concerning a heart condition. John Stone, Coordinator for Southwest Idaho Amateur Radio Emergency Communication Services, 1704 South 10"' Avenue, acknowledged being sworn in and spoke in support of the request. He has worked on the Canyon County Local Emergency Planning Committee in the past. He supports having a designated location for Life Flight air ambulance services. John Barlow, 1717 Arlington Avenue, acknowledged being sworn in and concurred with testimony in support of the request. Bruce Krosch of Southwest District Health, 920 Main Street, acknowledged being sworn in and spoke in support of the request. Elaine Carpenter, 1102 Grant Street, acknowledged being sworn in and spoke in opposition to the request. She raised questions regarding the location of the helipad at the proposed site rather than on the roof. She questioned the process of transporting patients across the parking lot and limiting the number of flights. She requested that the special use permit have a sunset provision for the purpose of future evaluation of the helipad. She recommended that Council consider if the request is in the best interest of the hospital, the surrounding area, and the community at large. Darlene Harryman of the PEO Chapter House, 114 E. Logan, acknowledged being swom in and spoke in opposition to the request. She stated her concerns regarding safety of the residents within the PEO Chapter House and the possible adverse affects that the helipad could have on this historical building. Madeline Buckendorf, 1805 Everett, acknowledged being sworn in and spoke in opposition to the request. She noted that the helipad could affect the historical structures within the area, especially the PEO Chapter House, which is over 100 years old. What will be the long terms affects of this use? She suggested that the flight path avoid the PEO Chapter House. She asked how the church will utilize the labyrinth if it is also being used as a helicopter pad. She recommended that Council take a cautious approach to this request. In rebuttal, Kathy Moore addressed questions raised about historic structures and public safety issues of the air ambulance service. She noted that a helipad site was previously located at the hospital for approximately 17 years until the FAA did not approve it as a viable service due to obstruction of power lines and trees. Since that time, the hospital has been pursuing this effort for air ambulance service to return to the facility. She recognized the strong partnership plan that the hospital has established with St. David's Episcopal Church. The roof was not an option for the pad's locations due to the inability to meet the retrofit standards of its placement on the older portion of the building. Ambulance service from the emergency room will be utilized in transporting patients to the helipad as needed. Discussion followed by Council concerning safety needs and traffic concerns. MOVED by Hopper, SECONDED by Oates to close the public testimony portion of the hearing. Those voting yes: unanimous. Those absent: Dakan. Those abstained: Sobba. EVIDENCE LIST FOR CASE NO. SUP - 310 -08: MOTION CARRIED The Mayor presented the Evidence List: staff report and sign up sheets, CC -1000 (letter from Darlene Harryman of the PEO Chapter House presented by Anne Marie Skinner), CC -1001 (e -mail from Doug Brown presented by Anne Marie Skinner), CC -1002 (recommended additions to the Conditions of Approval 9.15 and 9.16 from Anne Marie Skinner), CC- 1003 (packet of letters of support received by the City Clerk), CC -1004 (aerial map presented by Anne Marie Skinner), CC -1005 (Memo dated 7 -21- 08 from West Valley Medical Center entitled "Response to the Caldwell Hearing Examiner's Denial" presented by Kathy Moore), CC -1006 (West Valley Medical Center Helicopter Patient Transfer Policy presented by Kathy Moore), CC -1007 (Memo from William L. Patterson dated July 14, 2008 addressing the documents from PEO Chapter House given to the Hearing Examiner presented by Kathy Moore), and CC -1008 (Idaho Press article from July 14, 2008 presented by Kathy Moore). BOOK 49 PAGE 119 MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. Those voting yes: unanimous. Those absent: Dakan. Those abstained: Sobba FINDINGS OF FACT ON CASE NO. SUP - 310 -08: MOTION CARRIED 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 little dispute about the need for a helipad in the community. Those voting yes: unanimous. Those absent: Dakan. Those abstained: Sobba MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUP - 310 -08: MOVED by Oates, 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. Roll call vote. Those voting yes: Oates, Hopper, Callsen, and Blacker. Those voting no: none. Absent and/or not voting: Dakan and Sobba. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUP - 310 -08: MOVED by Hopper, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUP - 310 -08, an appeal request by West Valley Medical Center and St. David's Episcopal Church to reverse the Hearing Examiner's denial for a special use permit to operate a helipad in the H -D Hospital District zone is approved with the conditions outlined in the staff report, the inclusion of additional conditions 9.15 and 9.16, specify that the operation be limited to Type III Light helicopters, the special use permit would expire within a period of six years, and that Item 9.2 be removed from the Conditions of Approval. Roll call vote. Those voting yes: Hopper, Callsen, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Dakan and Sobba. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. Those absent: Dakan. Those abstained: Sobba. (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $793,259.98 for the pay period ending July 11, 2008 and a net payroll in the amount of $262,917.05 for the pay period ending July 5, 2008. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $793,259.98 represented by check numbers 53749 through 53983 and the total payroll in the amount of $262,917.05 presented by check numbers 15695 through 15784 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR'S COMMENTS) The reported that the ribbon cutting for Exit No. 29 was well attended. He announced the following calendar events: • Budget session on July 22, 2008. • Caldwell/Canyon County Economic Development Summit will be held on July 25 -28, 2008. • The Regular City Council Meeting will be rescheduled from September 15, 2008 to September 22, 2008 since there is a calendar conflict with the annual ICRMP Board Meeting. (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 10:50 p.m. Those voting yes: unanimous. MOTION CARRIED BOOK 49 PAGE 120 APPROVED AS written THIS 0 DAY OF AUGUST 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk