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Home My WebLink About2014-03-03city council minutes BOOK 55 PAGE 42 SPECIAL MEETING March 3, 2014 6:00 P.M. (CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSION BIKE LANES ALONG CLEVELAND BOULEVARD AND A POTENTIAL CITY OF CALDWELL DOG PARK) ßò Ð±¬»²¬·¿´ Ý·¬§ ±º Ý¿´¼©»´´ Ü±¹ Ð¿®µ ó É±®µ¸±°æ Þ®·¿² Þ·´´·²¹´»§ô Ð´¿²²·²¹ ú Æ±²·²¹ Ü·®»½¬±® ¿¬ êîï Ý´»ª»´¿²¼ Þ±«´»ª¿®¼ô °®»»²¬»¼ ·²º±®³¿¬·±² ½±²½»®²·²¹ ¿ °±¬»²¬·¿´ Ý·¬§ ±º Ý¿´¼©»´´ Ü±¹ Ð¿®µò Ø» °®±ª·¼»¼ ¿ ´·¼» °®»»²¬¿¬·±² ±«¬´·²·²¹ ¬¸» ·²·¬·¿´ °´¿² ¿ °®±°±»¼ ·² îðïî ©¸·½¸ ©¿ ¸»¿®¼ ¾»º±®» ¬¸» Ð´¿²²·²¹ ú Æ±²·²¹ Ý±³³··±²ò Ø» ²±¬»¼ ¬¸¿¬ ¬¸» ¿°°´·½¿¬·±² º±® ¿ °»½·¿´ «» °»®³·¬ ©¿ ¼»²·»¼ ¾§ ¬¸» Ð´¿²²·²¹ ú Æ±²·²¹ Ý±³³··±² ±² ß°®·´ îô îðïîò Ó®ò Þ·´´·²¹´»§ ®»½±³³»²¼»¼ ¬¸¿¬ ¬¸» ´±¹·½¿´ ´±½¿¬·±² º±® ¬¸» °®±°±»¼ °¿®µ ©±«´¼ ¾» ¬¸» Î±¬¿®§ Ð±²¼ Ð¿®µå ¸±©»ª»®ô ¬¸» ·¬» °´¿² ¸±«´¼ ¾» ®»ª·»¼ ©·¬¸ ¬¸» ¿¼¼·¬·±² ±º ¿ ´¿²¼½¿°» ¾«ºº»® ²»¿® ¬¸» ¬©± ®»·¼»²½» ©¸·½¸ ¿¾«¬ ¬¸» °¿®µò ×¬ ©¿ «¹¹»¬»¼ ¬¸¿¬ ¿ ½±³³·¬¬»» ¾» º±®³«´¿¬»¼ ¿¹¿·² ½±²½»®²·²¹ ¬¸· ·«»ò ß ²»·¹¸¾±®¸±±¼ ³»»¬·²¹ ¸±«´¼ ¾» ¸»´¼ º±® ·²°«¬ò Î·¬¿ Ó½µ»»² ±º Ý¿´¼©»´´ »¨°®»»¼ ¸»® «°°±®¬ ±º ¿ ¼±¹ °¿®µ ¿²¼ ª±´«²¬»»®»¼ ¬± »®ª» ±² ¬¸» °´¿²²·²¹ ½±³³·¬¬»»ò Ì±³ Ó¿®³±² ±º Ý¿´¼©»´´ »¨°®»»¼ ¸· «°°±®¬ ±º ¿ ¼±¹ °¿®µ ¿²¼ ª±´«²¬»»®»¼ ¬± »®ª» ±² ¬¸» °´¿²²·²¹ ½±³³·¬¬»»ò Ñ¬¸»® ·²¬»®»¬»¼ °»®±² º®±³ ¬¸» ¿«¼·»²½» ©¸± »¨°®»»¼ ·²¬»®»¬ ¬± »®ª» ¿ ª±´«²¬»»® ±² ¬¸» ½±³³·¬¬»» ·²½´«¼»æ Ö«´·» É¿®©·½µô Ì¸»®»¿ Ø¿®¼·² º®±³ ¬¸» Ý¸¿³¾»® ±º Ý±³³»®½»ô Ê·²¬±² Ø±©»´´ º®±³ ¬¸» Ý·¬§ ±º Ý¿´¼©»´´ Ð¿®µ Ü»°¿®¬³»²¬ô ¿²¼ Ó·µ» Ð±´´¿®¼ò øÝ±«²½·´³¿² Ð±´´¿®¼ ©±«´¼ »®ª» ¿ ¬¸» Ý·¬§ Ý±«²½·´ ´·¿·±² ±² ¬¸» ½±³³·¬¬»»ò÷ Ù·²¿ Ô«¶¿½µ ®»°±®¬»¼ ¬¸¿¬ ¸» ©±«´¼ °»¿µ ©·¬¸ ³»³¾»® ±º ¬¸» Î±¬¿®§ Ý´«¾ ¬± ®»½®«·¬ ¬©± ª±´«²¬»»® ¬± »®ª» ±² ¬¸» ½±³³·¬¬»»ò Þò Þ·µ» Ô¿²» Ñ² Ý´»ª»´¿²¼ Þ±«´»ª¿®¼ ó É±®µ¸±°æ Þ®·¿² Þ·´´·²¹´»§ô °®»»²¬»¼ ·²º±®³¿¬·±² ½±²½»®²·²¹ °®±°±»¼ ¾·µ» ´¿²» ¿´±²¹ Ý´»ª»´¿²¼ Þ±«´»ª¿®¼ò Ø» ²±¬»¼ ¬¸¿¬ ×¼¿¸± Ì®¿²°±®¬¿¬·±² Ü»°¿®¬³»²¬ ©±«´¼ ¾» ®»«®º¿½·²¹ ¬¸» ®±¿¼©¿§ ·² ¬¸» ²»¿® º«¬«®»ò Ü·½«·±² ¸¿ª» ¬®¿²°·®»¼ ¿¾±«¬ ¬¸» ¿ª¿·´¿¾·´·¬§ ±º ×ÌÜ ¬± ³¿®µ ¬¸» ¾·µ» ´¿²» º®±³ ¼±©²¬±©² Ý¿´¼©»´´ ¬± Ø±³»¼¿´» Î±¿¼ ¼«®·²¹ ¬¸» ®»«®º¿½·²¹ °®±¶»½¬ò Ó®ò Þ·´´·²¹´»§ ¬¿¬»¼ ¬¸¿¬ ×¼¿¸± Ì®¿²°±®¬¿¬·±² Ü»°¿®¬³»²¬ ²»»¼ ¿ ¼»¬»®³·²¿¬·±² ½±²½»®²·²¹ ¬¸· ³¿¬¬»® ©·¬¸·² ¬¸» ²»¨¬ íðóêð ¼¿§ò Ü·½«·±² ©¿ ¸»´¼ ½±²½»®²·²¹ ¸±© Ý´»ª»´¿²¼ Þ±«´»ª¿®¼ ©±«´¼ ¾» ®»½±²º·¹«®»¼ ¬± ¿´´±© º±® ¬¸» ¿º»¬§ ±º ¬¸» ¾·µ» ®·¼»®ò Þ®»²¬ Ñ®¬±²ô Ð«¾´·½ É±®µ Ü·®»½¬±® ¿¬ êîï Ý´»ª»´¿²¼ Þ±«´»ª¿®¼ô «¹¹»¬»¼ ¬¸¿¬ ¬¸» Þ·µ» Î±«¬» ¿²¼ Ð¿¬¸©¿§ Ý±³³·¬¬»» º±®³«´¿¬» ¿² »¼«½¿¬·±²¿´ ¾®±½¸«®» ½±²½»®²·²¹ ¾·µ» ¿º»¬§ò Ð¿«´ Ó¿²²ô ³»³¾»® ±º ¬¸» Þ·µ» Î±«¬» ¿²¼ Ð¿¬¸©¿§ Ý±³³·¬¬»»ô ¬¿¬»¼ ¬¸¿¬ ¬¸» ¾«®¼»² ±º ¿º»¬§ · ¿´± ¸¿®»¼ ©·¬¸ ¬¸» ¾·µ» ®·¼»® ¬± °®±ª·¼» ¹±±¼ »¯«·°³»²¬ ¿²¼ ¿º»¬§ ¹»¿® ©¸»² ®·¼·²¹ ±² ®±¿¼©¿§ò Î±¼²»§ ß¸¾§ô Ý·¬§ ±º Ò¿³°¿ Ð´¿²²·²¹ ú Æ±²·²¹ Ü»°¿®¬³»²¬ô ¬¿¬»¼ ¬¸¿¬ ¬¸· ³¿¬¬»® · ¬·´´ ¾»·²¹ ½±²·¼»®»¼ ¾§ ¬¸» Ý·¬§ ±º Ò¿³°¿ò Ø» ®»½±³³»²¼»¼ ¬¸¿¬ ¬¸» ¬©± ½·¬·» ½±²¬·²«» ¬± ³±ª» º±®©¿®¼ ·² °´¿²²·²¹ ¸±© ¬¸» ½±³³«²·¬·» ½±«´¼ ½±²²»½¬ ©·¬¸ ¬¸» «» ±º ¾·µ» °¿¬¸ò Ó¿§±® Ò¿²½±´¿ ®»°±®¬»¼ ¬¸¿¬ ¸» ¸¿ °±µ»² ©·¬¸ Ó¿§±® Ø»²®§ ½±²½»®²·²¹ ¬¸· ³¿¬¬»® ¿²¼ ·¬ ¿°°»¿® ¬¸¿¬ ¸» · ·² º¿ª±® ±º ½±²²»½¬·²¹ ¬¸» ¬©± ½·¬·» ¾§ ¬¸» «» ±º ¾·µ» °¿¬¸ò ×¬ ©¿ ®»½±³³»²¼»¼ ¬¸¿¬ ¿ ®»±´«¬·±² º®±³ ¬¸» Ý·¬§ ±º Ý¿´¼©»´´ ¿²¼ ¬¸» Ý·¬§ ±º Ò¿³°¿ ¾» °®»»²¬»¼ ¿¬ ¿² «°½±³·²¹ Ý·¬§ Ý±«²½·´ Ó»»¬·²¹ ½±²½»®²·²¹ ¬¸· ³¿¬¬»®ò The workshop adjourned at 6:42 p.m. No motion or decisions were made. REGULAR MEETING February 3, 2014 7:00 P.M. The Mayor called the meeting to order at 7:00 p.m. and reported that there was a City Council Workshop held at 6:00 p.m. pertaining to the discussion about a potential City of Caldwell dog park and bike lanes along Cleveland Boulevard. No motions or decisions were made. The Mayor asked those in attendance to stand for the invocation lead by Pastor Bruce Simpkins of the New Life Bible Fellowship. Christopher Collett, of Caldwell of Boy Scout Troop No. 402 and resides at 21255 Lonkey Lane, lead 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: Blacker, Ozuna Hopper, Callsen, Pollard, and Biggers. BOOK 55 PAGE 43 CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS The Mayor acknowledged Kelli Warwick and Haley Hilton (MYAC) who reported on the recent fundraiser dinner held in February. Approximately $12,000 was raised at the event. Ms. Hilton, Chair of the MYAC reported that six members will be traveling to Washington, D.C. for the National League of Cities Conference with Mayor Nancolas. A white paper will be presented by the youth to members of congress. Cheryl Adams, American Government teacher from Caldwell High School reported that she brought 22 students to observe the City Council Meeting. The students in the audience introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen, SECONDED by Biggers to approve the agenda as printed. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1.Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on February 18, 2014; the Special City Council Meetings held on February 24, 2014 and February 26, 2014; the Caldwell Hearing Examiner Meeting held on February 11, 2014; the Pathways and Bike Routes Committee Meeting held on November 19, 2013; the Senior Center Board Meeting held on February 10, 2014; the Youth Master Plan Committee Meeting held on January 28, 2014; and the Employee Benefit Plan Trustee Meeting held on January 22, 2014; 2.Approve Order of Decision for Case No. SUB-201(E)-09 (Caldwell Commons Subdivision); 3.Approve Resolution No. 40-14 authorizing the execution of an Agreement with the Caldwell School District No. 132 for the School Resource Officer Program; 4.Approve Resolution No. 41-14 authorizing the reconveyance by Quitclaim deed of properties taken by tax deed for delinquent assessments of the Caldwell Municipal Irrigation District following payment in full by the grantee of all outstanding assessments, interest and penalties; 5.Approve Resolution No. 42-14 accepting the assessment roll in connection with Local Improvement District No. 13-1 and set the protest hearing at the City Council Regularly Scheduled Meeting to be held on Monday, April 21, 2014 at 7:00 p.m.; 6.Approve Resolution No. 43-14 accepting the Award of Bid to Idaho Backhoe, Inc., for Local Improvement District No. 14-1 (Miscellaneous Concrete) in the amount of $83,150.00; 7.Approve Resolution No. 44-14 accepting an Easement from the Idaho Transportation Department (ITD) for public utilities across a portion of ITD property located at the south end of Pond Lane in association with the Farmway Regional Sewer Lift Station and Water Line project; 8.Approve Resolution No. 45-14 accepting the Award of Bid to Ferguson Enterprises in the amount of $156,645.00 for water pipe and materials associated with the Farmway Regional Water Line project; 9.Approve Resolution No. 46-14 accepting the Award of Bid to H.D. Water Works Supply in the amount of $277,374.92 for sewer pipe and materials associated with Farmway Regional Sewer Line project; 10.Approve Resolution No. 47-14 ratifying the Consent to Use Agreement with the Bureau of Reclamation for the extension of the culvert pipes at three locations of the Dixie Drain; 11.Approve request from the Caldwell Chamber of Commerce to waive the rental fee for the Caldwell Darrell Bolz recognizing his many years of service to the community within the Idaho Legislature. MOVED by Pollard, SECONDED by Ozuna to approve the Consent Calendar as printed. Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: øÝÑÒÌ×ÒËÛÜ ó ÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ÝßÍÛ ÒËÓÞÛÎ ÍËÞñÐËÜóðîøÐ÷óïí ßÒÜ ÆÑÒóçíóïí ß ÎÛÏËÛÍÌ ÞÇ Ôß ÞÛÔÔß Ê×Üßô ÚÑÎ ÌØÛ ÚÑÔÔÑÉ×ÒÙæ ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÐÔßÒ ÓßÐ ÝØßÒÙÛ ÚÎÑÓ ÔÑÉ ÜÛÒÍ×ÌÇ ÎÛÍ×ÜÛÒÌ×ßÔ ÌÑ ÎÛÍ×ÜÛÒÌ×ßÔ ÛÍÌßÌÛÍå ÎÛÆÑÒÛ ÑÚ ßÐÐÎÑÈ×ÓßÌÛÔÇ îêð ßÝÎÛÍ ÚÎÑÓ Îóï ÔÑÉ ÜÛÒÍ×ÌÇ ÎÛÍ×ÜÛÒÌ×ßÔ ÌÑ ÎÍóï ÎÛÍ×ÜÛÒÌ×ßÔ ÛÍÌßÌÛÍå ßÒÜ ÐÎÛÔ×Ó×ÒßÎÇ ÐÔßÌ ßÐÐÎÑÊßÔ ÑÚ Ôß ÞÛÔÔß Ê×Üß ÍËÞÜ×Ê×Í×ÑÒ ÝÑÒÍ×ÍÌ×ÒÙ ÑÚ ëç ÎÛÍ×ÜÛÒÌ×ßÔ ÔÑÌÍ ßÒÜ Í×È ÝÑÓÓÑÒ ÔÑÌÍò ÌØÛ ÍËÞÖÛÝÌ ÐÎÑÐÛÎÌÇ ×Í ÔÑÝßÌÛÜ ßÌ ÌØÛ ÒÑÎÌØÛßÍÌ ÝÑÎÒÛÎ ÑÚ Ó×ÜÔßÒÜ ÎÑßÜ ßÒÜ Ô×ÒÝÑÔÒ ÎÑßÜ É×ÌØ ÌØÛ ÞÑ×ÍÛ Î×ÊÛÎ ÞÛ×ÒÙ ×ÌÍ ÒÑÎÌØÛÎÔÇ ÞÑËÒÜßÎÇ÷ BOOK 55 PAGE 44 The Mayor reviewed the quasi-judicial process and declared the continued public hearing open. He noted that that public testimony portion of the hearing had remained open from the initial hearing held on February 3, 2014. John J. McEvoy, Board Member of the Canyon County Highway District #4, 1703 N. KCID Road, acknowledged being sworn in and spoke in opposition to the request. Mr. McEvoy presented a letter from the Canyon County Highway District #4 Assistant District Engineer, Chris Hopper. The Mayor labeled the letter as CC-1016. Mr. McEvoy commented on the traffic study conducted by the Canyon County Highway District. He noted that the roadways leading to the proposed subdivision are located within the Canyon County Highway District #4. He noted that the roadways will not be used strictly by those that reside within the subdivision but others wanting to access the water sports facilities as mentioned within public testimony by the developer. Mr. McEvoy continued by stating that he also served as the President of the Mason Ditch Irrigation Company. He reported that there is a diversion dam located on the subject property maintained by the Mason Ditch Irrigation Company. He noted the need for written agreements with the developer concerning the irrigation canal location and its operation to prevent flooding. Testing should be conducted dealing with drainage issues where the septic drain field is to be located. One of the conditions should address approval from DEQ and Southwest District Health concerning the proposed septic drain field. He emphasized that no approval signature will be given from the Mason Ditch Irrigation Company until these matters have been agreed upon. Pam Peterson, 21250 N. Midland, acknowledged being sworn in and spoke in opposition to the request. She provided two letters from her and her sister (Pam Ickes Peterson and Jerilyn Ickes Lancaster). She read her letter (Pam Ickes Peterson) into the record. The Mayor labeled the letters as CC-1017 (Pam Ickes Peterson) and CC-1018 (Jerilyn Ickes Lancaster). Dorothy Bicandi, 1905 Mason, acknowledge being sworn in, signed in opposition to the request, and agreed with the previous testimony in opposition to the request. Richard Bicandi, 1905 Mason, acknowledged being sworn in and spoke in opposition to the request. He noted that the serves as the secretary on the board of the Mason Creek Irrigation Company. He expressed concern with moving the Mason Creek Ditch Lateral and the delivery of water to neighboring farmlands. Roger Rosdahl, 20485 Madison, acknowledged being sworn in and spoke in opposition to the request. He regarding the well sites and water flow from the drains. He provided a well log from the Idaho Department Water Resources, which the Mayor labeled as CC-1019(a). Mr. Rosdahl addressed flooding issues, fire response time from the Star and Middleton Rural Fire Departments, the list of exemptions from the Hearing Examiner, the fact that the development should be required to connect to City sewer, amount of gravel being extracted from the gravel pits, and the travel and pump pollution associated with the gravel pits. Martin Galvin, 23750 Middleton Road, acknowledged being sworn in and spoke in opposition to the application. He presented documents to Council, which the Mayor labeled at CC-1019(b) & CC-1020. Mr. Galvin expressed concern about poor drainage capability and the extremely high water table within the area. He reported that the previous owner had an underground drain pipe installed on the parcel to assist with the poor drainage issues. He read his letter into the record noting that he is a board member and stockholder of the Mason Creek Ditch Company. The Mayor declared a short recess at 8:18 p.m. and reconvened the meeting at 8:30 p.m. JoAnne Capta, 20593 Midland Avenue, acknowledged being sworn in and spoke in opposition to the application. She provided doc-1021. She expressed her concern regarding FEMA issues and the lack of hydro-geothermal studies as noted in Ed Squirestestimony. She highlighted the recommendations from Jerome Mapp dated December 10, 2013 and emphasized the need to approve the conditions as outlined by Mr. Mapp. Liz Paul of Idaho Rivers United, 6152 Plantation Lane, Garden City, acknowledged being sworn in and spoke in opposition to the request. Ms. Paul presented photos of the site which the Mayor labeled as CC- 1022. A video was presented about conservation efforts of the Boise River and maps of the river, which the Mayor labeled as CC-1023. Dale Jansen van Beak, 9613 Lincoln Road, acknowledged being sworn in and spoke in opposition to the request. He noted that this is the third time since 2007 that he has appeared before City Council concerning development of this parcel. Concern was expressed about the possible contamination of existing private wells and the Boise River with the installation of septic tanks. He emphasized the importance of the developer connecting to City services. He noted that he serves as secretary on the Franklin Ditch Company and no meeting to date has been held with the developer. In rebuttal, John Carpenter, 332 North Broadmore, Nampa, presented a PowerPoint which the Mayor labeled as CC-1024. He addressed issues to include: Installation of a community sewer system; the development of homes and not merely gravel pits; the fact that approval must be provided from several agencies such as DEQ and FEMA; proper testing will be conducted concerning hydo-geological issues; all of the homes will have individual fire sprinklers installed; landscaping barriers will protect lot owners; each home will be designed to avoid the FEMA flood way restrictions; location of the septic and drain field in relation to the flood plain; mosquito infestation; provision of a greenbelt easement with Fish & Game; BOOK 55 PAGE 45 scheduled meetings with the irrigation districts to work through any possible concerns; access to the existing residence; hours of operation for the gravel removal would be from 8:00 a.m. to 5:00 p.m. pm some portions and 7:00 a.m. to 7:00 p.m. on other portions of the development site; periodic testing of the well sites would to conducted; and the execution of a development agreement addressing compliance and accountability issues. He requested approval of the application nothing that it will provide upscale - In response to questions from Councilman Callsen, Mr. Carpenter stated if the request if approved, the construction schedule would commence this fall or winter. He noted that the sewer connection must come directly to the subdivision from the City in order for the developer to agree to hook up to City services. In response to questions from Councilman Biggers, Mr. Carpenter stated that they would be working through various issues with the required agencies and that mitigation would be handled through various methods as they seek approval. He noted that the Ickes family would not be included within the homeowners association. Discussion followed about creating a greenbelt throughout the development. Mr. Carpenter stated that there currently is an easement of record with Idaho Fish & Game for a greenbelt area. Councilman Hopper expressed his concern that a planned greenbelt must be developed separate from the fish & game It was recommended that clarification be sought from Fish & Game and this item be documented within the development agreement. Councilman Hopper emphasized the need for a schedule outlining the gravel extraction/lake creation/residential construction. Mr. Wagoner reported that the staff report under Condition of Approval Item 14.8 outlines how many lots must be developed with the creation of eachlake. It was noted that the development agreement will also address the development phases. In response to questions from Councilman Hopper, Mr. Carpenter noted that an appointment has been set to meet with the officers of the Franklin Ditch Company on Wednesday. Discussion followed concerning well design, roadway improvements, maintenance of the lakes, and gravel extraction versus gravel crushing. It was clarified that the gravel will not be crushed on site. Councilman Hopper inquired about including a condition within the staff report for the development to connect to sewer in the future once it is available within the area. Mr. Orton stated that would allow solids to be processed. These tanks would be maintained by the homeowners similar to any other rural user of a septic and drain field system. For this process to be converted in the future would require the liquid stream to be removed and their own septic systems. Mr. Wagoner stated that a condition could be added to the staff report which addresses the connection to City sewer services when it is available at the discretion of the City of Caldwell. In response to questions from Councilman Hopper, Mr. Orton stated that the Engineering Department would work with Ed Squires in reviewing the specifications concerning individual well construction elements. This review process would wells and the resource as a whole. It is especially appropriate to examine the full-depth seal and the developer is in agreement with this requirement. The City would be in partnership with DEQ and Southwest District Health in review and design of the sewer septic systems. It was recommended by Mayor Nancolas that due to the immense about of information submitted, Council could continue the hearing to provide time to ponder the provided evidence. Public testimony could be kept open. Councilman Blacker suggested that staff compile a list of items that still need to be addressed relating to the development. This list could be forwarded to City Council Members for their perusal of the various exhibits and contemplation of questions for the next City Council Meeting. It was recommended that the developer meet with the executive officers of the Franklin and Mason Irrigation Companies before the next meeting and provide a report to Council as to the outcome of those meetings. In response to questions from the Mayor, Mrs. van Beek requested that Dale van Beek, an executive officer of the Franklin Ditch Company, also be allowed to provide comments concerning their meeting with the developer. MOVED by Pollard, SECONDED by Blacker to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on March 17, 2014 at 7:00 p.m. with the provision that the public testimony portion of the hearing remain open. MOTION CARRIED BOOK 55 PAGE 46 Mayor Nancolas reminded those in attendance that no contact may be made with the Council Members or the Mayor prior to the continued hearing concerning this matter in accordance with the quasi-judicial process. Contact may be made with City staff for clarification of matters or to ask questions about the th development. On March 17 the public hearing will continue from this point with a report to be given by Mr. Carpenter as to the result of the meetings with the Franklin and Mason Irrigation Companies. Council will move forward with review of the materials and address any questions concerning the information that has been received. The Mayor called a short recess at 10:43 p.m. The meeting was reconvened at 10:50 p.m. NEW BUSINESS øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò ë ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçëèÃ ÎÛÙßÎÜ×ÒÙ ÌÛÈÌ ßÓÛÒÜÓÛÒÌÍ ÌÑ ÝØßÐÌÛÎ é ßÒÜ ÝØßÐÌÛÎ ïð ÑÚ ÌØÛ ÝßÔÜÉÛÔÔ Ý×ÌÇ ÝÑÜÛ ÜÛßÔ×ÒÙ É×ÌØ ÝÑÜÛ ÛÒÚÑÎÝÛÓÛÒÌ ×ÍÍËÛÍ ßÒÜ ßÜÓ×Ò×ÍÌÎßÌ×ÊÛ Ý×ÌßÌ×ÑÒÍ É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍô ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙô ßÒÜ ßÐÐÎÑÊÛ ÌØÛ ÍËÓÓßÎÇ ÚÑÎ ÐËÞÔ×ÝßÌ×ÑÒ÷ Jarom Wagoner, 621 Cleveland Blvd., provided the staff report and noted that the ordinance clarifies the City Code regarding code enforcement matters and makes the various sections within the Code consistent with one another. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING AND DELETING CHAPTER 7, ARTICLE 3, SECTIONS 07-03-01 THROUGH 07-03-03, INCLUSIVE, OF THE SECTION 07-11-01, CONTAINING DEFINITIONS RELEVANT TO NUISANCE ABATEMENT; AMENDING CHAPTER 10, ARTICLE 03, SECTION 10-03-13, RELATING TO ADMINISTRATIVE CITATIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Pollard, SECONDED by Blacker to waive the three reading process and consider Bill No. 5 (Ordinance No. 2958) on its first reading by title only. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard, SECONDED by Blacker to sponsor Bill No. 5 (Ordinance No. 2958), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò é ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçêðÃ ÎÛÙßÎÜ×ÒÙ ÝØßÒÙ×ÒÙ ÌØÛ ÒßÓÛ ÚÑÎ ×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍ ßÒÜ ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙ÷ Brent Orton, 621 Cleveland Boulevard, provided the staff report for Ordinances 2960, 2961, and 2962. He noted that these matters of changing street names were previously handled by resolution; however, in researching the Idaho State Code it was determined that such action should be executed through the action of an ordinance. Discussion followed as to how these changes will affect the current property owners. It was recommended by Mayor Nancolas that all property owners associated with the three ordinances should be personally contacted by City staff concerning this potential made to City Council to include any possible hardship cases by the change in street names. MOVED by Hopper, SECONDED by Blacker to continue action on Ordinances 2960, 2961, and 2962 to the next City Council Meeting to be held on March 17, 2017 at 7:00 p.m. with the provision that staff move forward with personally contacting residents affected by the street name changes and report back to Council. MOTION CARRIED øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò è ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçêïÃ ÎÛÙßÎÜ×ÒÙ ÝØßÒÙ×ÒÙ ÌØÛ ÒßÓÛ ÚÑÎ É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍ ßÒÜ ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙ÷ This item was continued under a previous motion to the next City Council Meeting to be held on March 17, 2014 at 7:00 p.m. BOOK 55 PAGE 47 øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò ç ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçêîÃ ßÐÐÔÇ×ÒÙ ÌØÛ ËÒ×ÚÑÎÓ ÍËÚÚ×È ÑÚ ÎÛ ÔÛÒÙÌØ ÑÚ Î×ÙØÌóÑÚó×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍ ßÒÜ ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙ÷ This item was continued under a previous motion to the next City Council Meeting to be held on March 17, 2014 at 7:00 p.m. (FINANCE AND HUMAN RESOURCE REPORTS ) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,238,112.81 for the period ending February 21, 2014 and net payroll in the amount of $257,527.71 for the pay period ending February 14, 2014. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,238,112.81 represented by check numbers 100028 through 100271 and the total payroll in the amount of $257,527.71 represented by check numbers 26809 through 26851 and payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) None. Mayor Nancolas reported that there is an opportunity to call some bonds and thereby save money for the City. Brent Orton reported that there are local improvement district bonds and sewer/water bonds that may be eligible. He reported that ElJay Waite is working to bring this item before Council at the next meeting. The Mayor announced that he will be leaving Friday morning for Washington, D.C. to attend the National League of Cities Conference. Six students from the MYAC will be traveling to the Conference as well. Susan Miller will be going as the chaperone with her expenses paid for by the MYAC Fund. Meetings have been scheduled for the MYAC Members with congressional leaders as well as they are scheduled to attend conference sessions and workshops. MYAC members will also have the opportunity to participate in the changing of the guard ceremony The Mayor announced that the Senior Center Meals on Wheels Annual Pancake Feed will be held on Saturday, th March 8 from 8:00 a.m. to 11:00 a.m. øÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ ÐËÎÍËßÒÌ ÌÑ ×ÜßØÑ ÝÑÜÛô ÍÛÝÌ×ÑÒ êéóîíìëô ÍËÞÍÛÝÌ×ÑÒ ÅÚÃ ÚÑÎ ÌØÛ ÐËÎÐÑÍÛ ÑÚ Ü×ÍÝËÍÍ×ÒÙ ÐÛÒÜ×ÒÙ Ô×Ì×ÙßÌ×ÑÒ ÑÎ ÉØÛÎÛ ÌØÛÎÛ ×Í ß ÙÛÒÛÎßÔ ÐËÞÔ×Ý ßÉßÎÛÒÛÍÍ ÑÚ ÐÎÑÞßÞÔÛ Ô×Ì×ÙßÌ×ÑÒ ßÒÜ ÍËÞÍÛÝÌ×ÑÒ ÅÝÃ ÚÑÎ ÌØÛ ÐËÎÐÑÍÛ ÑÚ Ü×ÍÝËÍÍ×ÒÙ ßÝÏË×Í×Ì×ÑÒ ÑÚ ÎÛßÔ ÐÎÑÐÛÎÌÇ ÒÑÌ ÑÉÒÛÜ ÞÇ ß ÐËÞÔ×Ý ßÙÛÒÝÇ÷ convene MOVED by Callsen, SECONDED by Blacker to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation and Subsection (c) for the purpose of discussing acquisition of real property not owned by a public agency at 11:02 p.m. Î±´´ ½¿´´ ª±¬»ò Ì¸±» ª±¬·²¹ §»æ Ý¿´´»²ô Ð±´´¿®¼ô Þ·¹¹»®ô Þ´¿½µ»®ô Ñ¦«²¿ô ¿²¼ Ø±°°»®ò Ì¸±» ª±¬·²¹ ²±æ ²±²»ò ß¾»²¬ ¿²¼ñ±® ²±¬ ª±¬·²¹æ ²±²»ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ ËØÚÎÏÇØÏØ ÓÑÊÛÜ ¾§ Ý¿´´»²ô ÍÛÝÑÒÜÛÜ ¾§ Þ´¿½µ»® ¬± ·²¬± Î»¹«´¿® Í»·±²ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ (ADJOURNMENT) MOVED by Blacker, SECONDED by Ozuna to adjourn at 11:40 p.m. MOTION CARRIED BOOK 55 PAGE 48 th APPROVED AS written THIS 17 DAY OF March , 2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk