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HomeMy WebLinkAbout2014-03-17city council minutesBOOK 55 PAGE 49 REGULAR MEETING March 17, 2014 7:00 P.M. The Mayor asked those in attendance to stand for the invocation lead by Associate Pastor Phil Whitbeck of the Deer Flat Free Methodist Church and remain standing for the Pledge of Allegiance to the Flag, which was lead by Ryan Bauscher, 3001 Ray Avenue, of Boy Scout Troop 277. The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna Hopper, Callsen, and Biggers. Absent: Councilman Pollard CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Members of the Mayor’s Youth Advisory Council presented a report of their recent trip to Washington, D.C. attending the National League of Cities Conference. Those who provided reports were Hailey Hilton, Emily Hash, Johanna Ponce, and Henry Miller. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to amend the agenda by removing Item #2 under the Consent Calendar, add Item #8 under the Consent Calendar to read: “Approve Resolution authorizing the general fund purchase of industrial and portable hazers through Helena Chemical in the amount of approximately $7,500 to be used for deterring nuisance crows from commercial and public sites” and add an Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending litigation of where there is a general public awareness of probable litigation. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on March 3, 2014; the Caldwell Traffic Commission Meeting held on March 3, 2014; and the Caldwell Public Library Board Meetings held on January 9, 2014 and February 6, 2014; 2. Approve Resolution adopting and authorizing the Mayor to execute the HRA VEBA Employer Adoption Agreement, the Employer Policy Plan, the Benefit Schedule, and set an effective date of March 1, 2014; [REMOVED] 3. Approve Resolution No. 48-14 accepting the recommendations of the Caldwell-Nampa Cycling Committee and the Caldwell Pathways and Bike Routes Committee requesting bike lanes on Cleveland Boulevard also known as I-84 Business between Linden Street and the Nampa City Limits; 4. Approve Resolution No. 49-14 accepting the Award of Bid for the Caldwell Industrial Airport Engineering Consultant to J-U-B Engineers; 5. Approve Resolution No. 50-14 authorizing the call of the Series 2004 Water and Sewer Facility Improvement Bonds; 6. Approve the appointment of David Beverly to the Caldwell Public Library Board of Directors for a term to expire on December 31, 2018; 7. Approve the appointment of Julie Warwick, Theresa Hardin, Gina LuJack, Tom Marmon, Rena McKean, Mike Pollard, Jim Blacker, Brian Billingsley, Dave Marston, Vinton Howell, and Ricardo Calderon to the Dog Park Committee for a term to expire December 31, 2016; 8. Approve Resolution No. 51-14 authorizing the general fund purchase of industrial and portable hazers through Helena Chemical in the amount of approximately $7,500 to be used for deterring nuisance crows from commercial and public sites. [ADDED] MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED OLD BUSINESS: Brent Orton, 621 Cleveland Blvd., provided a report to Council as requested at the March 3rd City Council Meeting. When a street name change has been deemed necessary, it is typically due to safety service concerns. The name changes were previously approved under Resolutions 25-14 and 26-14. He clarified that approval for such action was previously done by resolution; however, in compliance with current state requirements, action is now sought by ordinance approval. BOOK 55 PAGE 50 Mr. Orton continued by noting that the property owners affected by the proposed address changes within Ordinances 2960, 2961, and 2962 have been notified by certified mailing. All were acknowledged by return receipt except for one, which came back as unclaimed from a renter-occupied residence. (CONSIDER BILL NO. 7 [ORDINANCE NO. 2960] REGARDING CHANGING THE NAME FOR A PORTION OF “MUD SPRINGS AVENUE” TO “AQUA SPRINGS AVENUE” WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL CHANGING THE NAME FOR A PORTION OF “MUD SPRINGS AVENUE” TO “AQUA SPRINGS AVENUE”; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 7 (Ordinance No. 2960) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED MOVED by Callsen, SECONDED by Ozuna to sponsor Bill No. 7 (Ordinance No. 2960) and move for its passage. Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED (CONSIDER BILL NO. 8 [ORDINANCE NO. 2961] REGARDING CHANGING THE NAME FOR “BRIDGEPART STREET” TO “EDGEMOOR STREET” WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL CHANGING THE NAME FOR “BRIDGEPART STREET” TO “EDGEMOOR STREET”; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 8 (Ordinance No. 2961) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 8 (Ordinance No. 2961), and move for its passage. Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED (CONSIDER BILL NO. 9 [ORDINANCE NO. 2962] APPLYING THE UNIFORM SUFFIX OF “STREET” TO THE ENTIRE LENGTH OF RIGHT-OF-WAY KNOWN AS “SKYWAY” WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL APPLYING THE UNIFORM SUFFIX OF “STREET” TO THE ENTIRE LENGTH OF THAT RIGHT-OF-WAY KNOWN AS “SKYWAY”; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 9 (Ordinance No. 2962) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 9 (Ordinance No. 2962) and move for its passage. BOOK 55 PAGE 51 Roll call vote: Those voting yes: Callsen, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED (CONTINUED - PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB/PUD-02(P)-13 AND ZON-93-13 A REQUEST BY LA BELLA VIDA, FOR THE FOLLOWING: COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL ESTATES; REZONE OF APPROXIMATELY 260 ACRES FROM R-1 LOW DENSITY RESIDENTIAL TO RS-1 RESIDENTIAL ESTATES; AND PRELIMINARY PLAT APPROVAL OF LA BELLA VIDA SUBDIVISION CONSISTING OF 59 RESIDENTIAL LOTS AND SIX COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF MIDLAND ROAD AND LINCOLN ROAD WITH THE BOISE RIVER BEING ITS NORTHERLY BOUNDARY) The Mayor declared the continued public hearing open. He noted that that public testimony portion of the hearing remained open from the previous hearing held on March 3, 2014 but was specific in the boundaries of testimony to address the applicant’s meetings with the Mason Creek Ditch Company and the Franklin Ditch Company. He noted that all public testimony and rebuttal testimony had been completed at the March 3rd public hearing. The Mayor acknowledged a letter provided by Albert P. Barker of Barker Rosholt & Simpson, LLP and labeled the exhibit as CC-1025. He noted that the letter serves as a response on behalf of the board of directors of the Mason Creek Ditch Company. The letter was faxed to the Planning & Zoning Department and copies of the letter were previously distributed to the Council Members. John Carpenter, 332 N. Broadmore Way, Nampa acknowledged being previously sworn in and provided details concerning the meetings held with the Mason Creek Ditch Company and the Franklin Ditch Company. He stated that he had met with representatives from both companies. The Franklin Ditch Company delivers water to the site but there are no downstream users beyond the property. The Franklin Ditch Company does not have easements or a ditch associated with the site. Mr. Carpenter continued by indicating that the Mason Creek Ditch Company water comes from the Fifteen Mile Creek. He reported that there is a check structure which sends water to the west and the board would like a pipe to run through the pond associated with the subject site. Discussion was held with the board concerning its design and how a dam structure in the creek would assist them to adjust and maintain the irrigation water. Currently there is a large check structure with boards in the creek throughout the year. A dam would make it easier to raise and lower the water level. Ultimately there would be a license agreement that the developer would enter into with the Mason Creek Ditch Company to outline maintenance access issues as well. The Mayor asked if those meetings have been discussed with staff and the appropriate conditions been amended within the staff report. Jarom Wagoner, 621 Cleveland Boulevard, reported that the applicant and his engineer did meet with City staff concerning their meetings with the irrigation companies. Conditions within the staff report have been amended. Mr. Carpenter noted that they are aware that the construction drawing process must be followed. A civil engineer (for design) and an attorney (for the license agreement) will be hired by the Mason Creek Ditch Company but will be reimbursed by the developer for costs incurred. After the design iteration and approval, the structure will be built. In response to questions from Mayor Nancolas, John McEvoy, 1703 North KCID Road, reported that the letter from the Attorney Albert Baker, representing Mason Creek Ditch Company, accurately outlines the requirements from the board of directors. He concurred with the report presented by Mr. Carpenter. In response to questions from Councilman Hopper, Mr. McEvoy indicated on the map where the check dam is located and where the flooding generally occurs as a result of the check dam. He reported that when an extreme run-off occurs from a rain storm and/or when farmers return their water, it causes a quick influx. The water generally travels east and then comes back to flow downstream to the low lands. The board of directors would prefer that no occupancy permits be issued until the latter portion of the dam is completed and functional. In response to questions from Councilman Callsen, Mr. McEvoy stated that the low land property owned by a private individual has been used as pasture land for many years with only short-term irrigation needs. It has historically been the spill area for the facility. Councilman Biggers asked what agreements were in place for the Mason Creek Ditch Company to be allowed to access the property and make adjustments if the development is gated? Mr. McEvoy reported that the Access Agreement addresses right-of-way standards, common area, easements, turn around points, and maintenance of the structure. If the development is a gated community, access must be provided during the appropriate times of the year. Dale Jansen van Beek, 9313 Lincoln Road, reported that Mr. Carpenter’s representation of the meeting with the Franklin Ditch Company board of directors was accurate. He read into the record an e-mail from BOOK 55 PAGE 52 the Franklin Ditch Company board of directors: “After meeting with our attorney, the developer and the T- O Engineer, the position of the Franklin Ditch Company (FDC) board of directors is to deny the request to transfer the water right until we have had the opportunity to review and evaluate the Transfer of Water Right application through the Idaho Department of Water Resources (IDWR) by Kyle Cooper representing La Bella Vida Subdivision.” In response to questions from Mayor Nancolas, Mr. Jansen van Beek clarified that the applicant must complete the application process which will be reviewed by the Franklin Ditch Company board of directors. The Mayor labeled the e-mail from Leslie Jansen van Beek to Dale Jansen van Beek as CC-1026. Rebuttal comments from Mr. Carpenter: Irrigation Issue Comments 1) There would be access from both the east and west side even with the gated community concept. The ditch company would enter through the development and then there would be a common lot for access to the pipe and dam. 2) Surety amounts: For the project to have the final plat approved and signed by the City of Caldwell, everything must be constructed in that particular phase or a letter of credit must be on file. When the dam is to be constructed, it would be treated similar to a sewer line. The structure would be included in the construction drawings, which would be reviewed by City Engineering Department staff. If it is not completed at the time of the final plat, a financial surety would be in place. 3) The developer understands that the work must be done outside of the irrigation season. Conditions of Approval Comments 1) Item 14.8: Relative to the start and finish dates. Applicant concurs. 2) Item 14.11: Requirement for residential sprinklers. Applicant concurs. 3) Item 14.12: Requirement for mailbox clusters. Applicant concurs. 4) Item 14.27: Issues concerning the wells. Applicant concurs. 5) Item 14.28: Issues concerning the sewer. Applicant concurs. 6) Item 14.41: Staff has requested an 8-foot interior pathway rather than a 5-foot pathway. Applicant agrees with a pathway on one side of the street rather than both sides since the street has a different width and configuration. This is a fair request. Applicant concurs. 7) Item 14.47: Issues concerning the hours of operation. He noted that the Ickes live in the middle of the property and have requested space to gather their family together for five days during the year. The developer has agreed to shut down operations for five working days as long as the Ickes provide a 30-day notice. The hours of operation would be 7:00 a.m. to 7:00 p.m. 8) Item 14.48: Amend the condition to read: “The applicant shall provide a 50-foot wide greenbelt conservation easement along the entire northern portion of the site, measured from the north property line.” 9) Item 14.49: Issues concerning the Idaho Fish & Game hunter’s access easement relative to a 5- foot natural pathway. Applicant concurs. 10) Item 14.50: Issues pertaining to a pedestrian bridge across 15 Mile Creek. It was noted that Jarom Waggoner and the developer had a meeting with the Fish & Game staff concerning the greenbelt construction. Mr. Carpenter presented a proposed design concept for a trail bridge. He stated that the bridge fits in well with the natural outdoor setting with no impact on the Boise River or the 15 Mile Creek. Applicant concurs. The Mayor labeled the trail bridge design document as CC-1027. 11) Item 14.55 This is a standard condition. The developer agrees to complete the fair share of work that is contained in each particular phase. Applicant concurs. Mr. Carpenter emphasized that the developer understands that the greenbelt, in the future, will go somewhere; however, at this time the developer is trying to help secure that element. He would like the pathway and pedestrian bridge to be a community project with possible involvement of the Boy Scouts. Mr. Carpenter concluded by stating that this is development is a great opportunity for the City of Caldwell with high-end residences and attractive lots. He requested approval of the application. Councilman Callsen asked Mr. Orton if the greenbelt trail would be dedicated to the City and if it would be maintained by the City. Mr. Orton responded that it would be dedicated to the City to operate and be maintained. Discussion followed concerning the use of crushed gravel versus asphalt on the greenbelt. It was again noted that the Fish & Game have requested a natural pathway which would fit with the surroundings. Councilman Blacker asked for clarification from Mr. Orton if the wells could negatively impact surrounding wells. Mr. Orton explained the process of sampling near-by wells, which would be of assistance in capturing a snap shot of the current water quality. If there is an impact, it should be judged on the basis of a change in water quality. He stated that if the wells are sealed all the way to the place where they are drawing water from the aquifer, they would be protected. Mr. Carpenter addressed the developer’s plan for well sampling. BOOK 55 PAGE 53 In response to questions from Councilman Blacker, Mr. Carpenter outlined the steps for acquiring approval from the various jurisdictional agencies. He noted that during the agency approval stage, they will continue working on the construction drawings. Construction would begin in the fall of 2014. Mr. Orton reported that due to the nature of the underground geology within this area, several people enjoy artesian wells or wells that behave like an artesian well. This is important because it demonstrates that there are divisions within the aquifers and therefore they are completely separated. Councilman Hopper addressed questions to Mr. Carpenter regarding the excavation schedule of the first ski lake on the east side of the creek. He suggested that the dam project should possibly be earlier in the project rather than later to insure that the construction will not be damaged due to inadvertent flooding conditions. Mr. Carpenter agreed with comments made by Mr. McEvoy regarding the lower ground pasture land and the flooding that occurs within that area. This issue will be worked through within the construction drawings and will be addressed early on. He noted that there are concerns with flooding and ground water within this area. Councilman Callsen asked for clarification from staff concerning the bonding on all phases of the project. Mr. Orton stated that the Engineering Department will adhere to the City’s policy of obtaining a letter of credit as a security for insuring completion between final plat and final completion. Mr. Waggoner stated that there has been concern expressed if the developer begins to mine the gravel and then moves on. Due to the history of the project, the Lakemont Subdivision is still an active and approved development through 2019. That application included an extraction of gravel operation for a 26-acre lake. Technically, they could begin extracting gravel immediately for that operation; however, the current developer is trying to do something different. Mr. Waggoner continued by reporting that the current developer’s plan involves three lakes. As it is currently outlined with the development agreement and the order of decision, upon approval by City Council, they could begin mining one of the lakes and the move forward to the second and third lakes concurrently. He emphasized that the requirement on that plan stipulates they must complete lake one with the first phase residential structures. Therefore, while they could start extraction procedures at the same time, they could not finish them at the same time. The developer could not drag out all three gravel operations to finish at the end of the project; however, it would allow them to work on all three lakes to meet the deadlines. In response to questions from Mayor Nancolas, Mr. Waggoner reported that the dollar amount has not been established to restore the property to its original condition. This would require additional research. The Mayor emphasized that those amounts must be established if the project is approved in order to address the appropriate letters of credit which need to be in place for any infrastructure improvements or any assurances that the project will go forward. Mr. Waggoner concurred with the Mayor’s recommendation. He noted that with the completion of lake one, within a period of two years, the lots must be platted and the majority of the road would be constructed within the development. A good amount of the infrastructure would be completed. Councilman Hopper expressed his concern with the plan of all three lakes being excavated simultaneously before construction of the first residence or the filling of lake one. Mr. Waggoner indicated that Council could require a condition of approval stating that the development cannot commence with such a plan. Councilman Hopper reviewed the history of previous applications for the subject property and the excavation plans from those developers. By one of the previous developers, Council was told that the only way the project would be economically feasible is if they were to extract the gravel first and received those proceeds before they began any residential development. He emphasized that the application was denied because of that development approach. Councilman Hopper continued by indicating that the City is not interested in gravel pits being extracted with the hope of some type of development occurring later on. He noted that Canyon County is filled with gravel pits which have been left behind with no rehabilitation project. He recommended the subdivision development being planned in such a way that would demonstrate that gravel and residential development can take place to produce a satisfactory result. He requested that staff strongly review the timing and scheduling of the development which would protect the City and citizen’s interest. The Mayor stated that he concurred with remarks from Councilman Hopper. He noted that he was of the understanding that Phase 1 included lake one and the accompanying residential lots; Phase 2 would include the second lake and the residential lots, and so on. The plan of all three lakes being excavated before residential lots were completed would create a total different scenario. Mr. Carpenter referenced the phasing plan for the development. Councilman Hopper suggested that a percentage of construction completion be outlined by City staff associated with each development phase. BOOK 55 PAGE 54 Discussion followed concerning access to the lake. Mr. Carpenter explained that each residence will have a boat dock. Boat loading ramps will also be included in the design. Mayor Nancolas recommended that adequate boat loading ramps be included in the design to allow the residents to take their boats in and out of the subdivision. Mr. Carpenter reported that a community club boat will also be provided for residents who do not own their own boat. In response to questions from Councilman Biggers, Mr. Carpenter explained the issue of water rights for the development. He noted that the water rights are provided by Franklin Ditch Company for agricultural uses. There are a certain number of shares that are associated with the ground. There are three domestic wells that currently exist on the property that have water rights. Anytime there is a pond, a water right is necessary for evaporation loss since ground water is being exposed to the atmosphere. The developer must acquire a water right for the evaporation loss and also for the volume of water within the pond itself. Water right paperwork must be submitted to the Department of Resources for the ponds – sufficient for the evaporation loss and the volume. The Franklin Ditch Company water would be utilized for pressure irrigation. The City of Caldwell would own and maintain the pressure irrigation system. Lot owners would have an individual domestic water right for the purpose of drinking water. Jarom Wagoner clarified that he met on site with the Idaho Fish & Game staff members and they asked that a natural pathway (gravel surface) be included within the design and not an asphalt surface. They felt that asphalt would be a detriment to the wildlife within the area. Mr. Wagoner reported that it was unintentionally stated in testimony that the Peterson (Ickes) family had requested the five day moratorium for gravel extraction. This recommendation was actually brought forward by staff. Mr. Wagoner continued by stating that it is Council’s prerogative to condition that the second exaction of the gravel not commence until the prior phase is completed or possibly provide a letter of credit for the completion of that phase. Councilman Hopper recommended that staff report back to Council the appropriate threshold where it is evident that this project would be a residential development. Staff should work with the developer to determine what level the septic system/sewer capacity should be in place as well as a particular degree that the pressurized irrigation and other infrastructure should be completed. In response to comments from Mr. Wagoner, Councilman Hopper stated that Council could possibly more flexible in extending the deadlines for the second and third phases in order to make sure that the other areas are substantially completed. He recommended that this be included in the conditions of approval. Mr. Orton suggested that the proposed condition could state the proposed excavation of pond two must not surpass a specified percentage prior to the approval and signature of the final plat for Phase 1. That would give Council and the neighbors the assurance that Phase 1 is now ready for lots to be sold at the time of final plat signature. All of the infrastructure would need to be complete or bonded for by a letter of credit in conjunction with the signature. Councilman Ozuna asked what percentage of gravel from the ponds would be used to fill the property thereby avoiding a flooding issue. Mr. Carpenter stated that he did not have a percentage figure available. The ground allows for a certain depth of over burden which is suitable for structural fill but it is not gravel. The top layer would be used for items such as berms and building up the residential pads. He explained that closer to the Boise River, there is less over burden available; however, further away from the Boise River the over burden is thicker. Mr. Carpenter continued by explaining that the first pond will not have much over burden, therefore, some material may need to be extracted from the second pond for pad preparation and berms. This would be used in Phase I of the project. For this reason, it would be necessary to work in a limited form within Phase 2. He noted that the lots would be 80’wide x 100’deep and elevated out of the flood plain. The depth varies from lot to lot depending on the proximity to the Boise River. In response to questions from Councilman Biggers, Mr. Carpenter reported that the developer must seek approval from the Flood Control District prior to gravel extraction especially as it pertains to pond one due to its proximity to the Boise River. Discussions have already commenced with the agency. MOVED by Hopper, SECONDED by Biggers to close the public testimony portion of the hearing. MOTION CARRIED Discussion followed concerning the need for additional conditions addressing the bonding issues in association with phase development. Councilman Hopper stated his concern with the concept of the City of Caldwell completing subdivisions associated with bonds/letters of credit. He recommended that conditions should be included to accommodate the developer with specified timing for the determined phases and thereby progress that BOOK 55 PAGE 55 could make the deliverables very tangible and easily measured. This process would require negotiation with the developer. MOVED by Callsen, SECONDED by Ozuna to continue the Public Hearing to the next Regularly Scheduled Meeting to be held on Monday, April 7, 2014 at 7:00 p.m. Mr. Wagoner asked if there were any additional matters of concern that should be addressed within the staff report. Councilman Blacker asked that staff outline the process which the project would be monitored on a timely basis – not just extracting gravel and waiting on the rest. Councilman Hopper added that the recommendation by the Fish & Game to keep the pathway relatively natural is understood. He noted that greenbelts receive a lot of use, even remote ones. It will be the responsibility of the City to eventually improve the pathway if it is not done up front. The final expectations of the pathway should be outlined within the staff report. MOTION CARRIED NEW BUSINESS (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $947,768.95for the period ending March 7, 2014 and net payroll in the amount of $270,732.77 for the pay period ending February 28, 2014. MOVED by Callsen, SECONDED by Biggers that accounts payable in the amount of $947,768.95represented by check numbers 100272 through 100575 and the total payroll in the amount of $270,732.77 represented by check numbers 26852 through 26879 and payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper expressed his appreciation for the members of the Mayor’s Youth Advisory Council coming forward and presenting reports concerning current projects and educational trips. Councilman Blacker provided an update concerning the Caldwell Housing Authority sewer system project. Councilman Biggers provided an update concerning the Caldwell Memorial Veterans Hall project. (MAYOR’S COMMENTS) Mayor Nancolas stated that the funds expended for members of the Mayor’s Youth Advisory Council (MYAC) to travel to Washington, D.C. for the National League of Cities Conference were raised through MYAC fundraiser events as well as through donations from individuals/corporations. He provided an update concerning the MYAC Scholarship Fund which provides scholarship awards to Caldwell High School and Vallivue High School selected graduates. He provided a report concerning sessions he attended at the recent National League of Cities Conference in Washington, D.C. Upcoming Events: April 5, 2014 Local Legends at the O’Connor Field House to benefit the Idaho Youth Games (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OF WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION) MOVED by Hopper, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussion 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 9:05p.m. Roll call vote. Those voting yes: Hopper, Callsen, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Pollard. MOTION CARRIED MOVED by Blacke, SECONDED by Ozuna to reconvene into Regular Session. MOTION CARRIED BOOK 55 PAGE 56 (ADJOURNMENT) MOVED by Blacker, SECONDED by Ozuna to adjourn at 9:25 p.m. MOTION CARRIED APPROVED AS written THIS 7th DAY OF April , 2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk