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Home My WebLink About2014-10-06city council minutes BOOK 55 PAGE 151 REGULAR MEETING October 6,2014 7:00 P.M. The Mayor asked those in attendance to please stand for 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. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS The Mayor acknowledged Mrs.Adams,American Government teacher from the Caldwell High School. Each of the students in attendance stood and introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held September 15,2014; the Employee Benefit Plan Trustee Meeting held on September 4, 2014; the Caldwell Traffic Commission Meeting held on September 15,2014;the Downtown Caldwell Organization Meetings held on September 2,2014 and September 23,2014;the Youth Master Plan Committee Meeting held on August 26, 2014; the Caldwell Housing Authority Meeting held on July 21, 2014; the Caldwell Library Board Meetings held on August 7,2014 and August 23, 2014;and the Caldwell Center Board Meeting held on September 8,2014. 2. Approve the appointment of Steve Barnes to the Pathways and Bike Routes Committee with a term to expire on December 31,2015; 3. Approve the Order of Decision for Case No.ZON-04-14(HG Lease Holdco Rezone); 4. Approve Resolution No. 146-14 authorizing the execution of a Services Agreement with West Valley Medical Center, LC to provide facilities and services related to comprehensive medical examinations for the Caldwell sworn police officers with an effective date of October 16, 2014 through October 15,2016; 5. Approve Resolution No. 147-14 accepting Urban Renewal Agency Resolution No. 2014-7 confirming the principal amount and earned interest in the TVCC building purchase; 6. Approve Resolution No. 148-14 ratifying the purchase of a new transmittance meter for the ultraviolet disinfection system at the Caldwell Wastewater Treatment Plant in the amount of$19,848 from Hach Company; 7. Approve Resolution No. 149-14 accepting the Warranty Deed from the Norman Family Trust and the Cricks 1987 Survivor's Trust for property located on the southeast side of North 21"Avenue between Indian Creek and the railroad; 8. Approve Resolution No. 150-14 authorizing the execution of the Caldwell School District School Resource Officers Program contract for the 2014-15 school year; 9. Approve Resolution No. 151-14 authorizing the execution of the Agreement with the Friends of the Canyon County Animal Shelter effective October 1,2014 through September 30,2015; 10. Approve Resolution No. 152-14 authorizing the execution of the Cooperative Agreement with Valley Regional Transit effective October 1,2014 through September 30,2015 to include the annual assessment and service contribution in the amount of$130,703; 11. Approve Resolution No. 153-14 authorizing the execution of the Engagement for Legislative Services Agreement with Jonathan Parker of Holland& Hart through the end of the 2015 Idaho legislative session; 12. Approve Resolution No. 154-14 from the Caldwell Police Department declaring the 2012 Kawasaki patrol motorcycle as surplus property; 13. Approve request to replace the double doors at the Caldwell Senior Center in the approximate amount of$4,100; 14. Approve request to contribute$5,000 to"Project History Aware"at the Our Memories Indian Creek Museum located at 1122 Main Street; 15. Approve Resolution No. 155-14 authorizing the purchase of a Hoffman Model 75107/250 Hp Blower from Gardner Denver in the amount of$92,052.44 to be used at the Waste Water Treatment Plant; 16. Approve Resolution No. 156-14 authorizing the purchase of a John Deere 7400 Trim Mower in the amount of$29,328.19 to be used by the City of Caldwell Golf Department. MOVED by Pollard,SECONDED by Blacker 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. BOOK 55 PAGE 152 MOTION CARRIED OLD BUSINESS (PUBLIC HEARING[QUASI-JUDICIAL]:CASE NUMBER SUP-07-14/APP-01-14,AN APPEAL TO CITY COUNCIL OF THE HEARING EXAMINER'S APPROVAL OF A SPECIAL-USE PERMIT TO INCREASE THE CURRENT OCCUPANCY LOAD AND TO ALLOW FOR OUTDOOR EVENTS AT THE COLOMBIA EVENT CENTER, LOCATED WITHIN A C-3 (SERVICE COMMERCIAL) ZONE. THE SUBJECT PROPERTY IS LOCATED AT 3801 LAKE AVENUE,IN CALDWELL,IDAHO) Aaron Seable, 1303 12th Avenue Road,Nampa,explained that the firm of Hamilton,Michaelson&Hilty had previously reported to staff of a conflict of interest concerning this matter due to prior representation for the Pedraza family provided by their firm. Staff has consulted with other legal counsel(Attorney Jill Holinka of Moore Smith Buxton,and Turke)concerning this matter but noted Ms.Holinka's presence had not been requested for tonight's public hearing. The Mayor reported his concern that the City of Caldwell would not have legal representation this evening for the public hearing,noting that legal counsel was present for both the appellant and the owner of the Colombia Event Center. He recommended that the hearing be continued to the next City Council Meeting to be held on October 20,2014 at 7:00 p.m. Todd Lakey,Attorney for Oscar Pedraza(Owner of the Colombia Event Center),Borton&Lakey, 141 E. Carlton Avenue,Meridian,concurred with the continuance of the public hearing. Molly O'Leary,Attorney for Alicia Estrada(Appellant), 1775 W. State Street#150,Boise,concurred with the continuance of the public hearing. She stated her concern;however,that she was not made aware of the situation prior to her appearance and thus could have saved her client the expense of her attending tonight's meeting. MOVED by Hopper,SECONDED by Pollard to continue the hearing to the next City Council Meeting to be held on October 20,2014 at 7:00 p.m. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 21 [ORDINANCE NO. 2974] FOR CASE NO. ZON-04-14 [HG LEASE HOLDCO 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 CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE C-1 (NEIGHBORHOOD 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 Pollard,SECONDED by Callsen to waive the three reading process and consider Bill No.21 (Ordinance No.2974)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 Hopper, SECONDED by Blacker to sponsor Bill No.21 (Ordinance No.2974),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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of$2,078,300.91 for the period ending September 29,2014 and net payroll in the amount of$269,250.09 for the pay period ending September 20,2014. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $2,078,300.91 represented by check numbers 104441 through 104843 and the total payroll in the amount of$269,250.09 represented by check numbers 27527 through 27553 and payroll direct deposits be accepted,payment approved, and vouchers filed in the office of the City Clerk. BOOK 55 PAGE 153 Roll call vote. Those voting yes: Callsen,Pollard,Biggers,Blacker,Ozuna,and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Blacker reported that the Caldwell Housing Authority is seeking bids for the sewer project. (MAYOR'S COMMENTS) The Mayor reported that a marketing survey is on the City's website in partnership with Roger Brooks and Associates. He invited those in attendance to participate in the survey and express this interest in the redevelopment of downtown Caldwell. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 67-2345,SUBSECTION(C)FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OR AN INTEREST IN REAL PROPERTY NOT OWNED BY A PUBLIC AGENCY) MOVED by Hopper,SECONDED by Blacker pursuant to Idaho Code,Section 67-2345,Subsection(c)for the purpose of discussing the acquisition or an interest in real property not owned by a public agency at 7:40 p.m. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Hopper,SECONDED by Blacker to reconvene into the Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper,SECONDED by Blacker to adjourn at 7:47 p.m. MOTION CARRIED APPROVED AS written THIS 20" DAY OF October ---------2-2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk