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HomeMy WebLinkAbout2014-10-20city council minutes BOOK 55 PAGE 154 SPECIAL MEETING City Council Workshop October 20,2014 7:00 P.M. The Mayor called the meeting to order at 6:13 p.m. The City Clerk called the roll of City Council Members present: Ozuna,Hopper,Callsen,Pollard,and Biggers. Absent: Blacker. Others present: Mike Dittenber, Sid Freeman, Sylvia Bahem, Katie Phillips, Robb MacDonald, and Brian Billingsley. Mike Dittenber of the Caldwell Housing Authority located at 22730 Farmway Road presented a PowerPoint presentation outlining their responsibilities and duties as described in Idaho State Code. He stated that the"City of Caldwell Task Force" involving Caldwell Housing Authority (CHA) staff, Planning & Zoning staff, and Code Enforcement personnel has been meeting regularly to define a proposed plan to revitalize the north end of Caldwell. Discussion was held concerning the involvement of the CHA in accomplishing the revitalization plan. Mr.Dittenber provided an update concerning the waste water extension project at Farmway Village. No decisions were made or action taken. The workshop adjourned at 6:55 p.m. REGULAR MEETING October 20,2014 7:00 P.M. The Mayor reported that a workshop was held at 6:00 p.m.concerning an overview presented by the Caldwell Housing Authority outlining potential new areas of their involvement within the City of Caldwell. No decisions were made or action taken. The Mayor asked those in attendance to please stand for the invocation lead by Pastor Jim Porter of the Caldwell Free Methodist Church and remain standing 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:Ozuna Hopper, Callsen,Pollard,and Biggers. Absent: Blacker. Mayor Nancolas explained that Councilman Blacker recently broke his arm when leaving the bleachers at a local volleyball game. He is recovering at home from his injury. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper,SECONDED by Callsen to amend the agenda by adding a subsection to the Executive Session to read: "Pursuant to Idaho Code, Section 67-2345, Subsection(c)for the purpose of discussing the acquisition of or an interest in real property not owned by a public agency";add Item 4(a)under New Business to read: "Consider Resolution No. 157-14 authorizing the adoption of the Settlement Agreement, Mutual Release, Master Agreement, and Drain Transfer Agreement, subject to adoption by Pioneer Irrigation District";and move Item 93 under the Consent Calendar to New Business as Item#1(a)for the purpose of clarification. MOTION CARRIED AUDIENCE PARTICIPATION Mark Hilty introduced Attorney Jill Holinka of Moore Smith Buxton, and Turke who would be representing the City of Caldwell during the Public Hearing for SUP-07-14/APP-01-14. He explained that the firm of Hamilton,Michaelson&Hilty had provided prior representation for the Pedraza family who is involved with the special use permit appeal and thus created a conflict of interest. Jim Porter, 3320 South Montana Avenue, reported on the Compassion Caldwell event to be held on Saturday, October 25, at the Canyon Springs High School location. He noted that approximately 280 persons have volunteered from the community to assist that day. Free basic medical exams, dental cleanings,emergency treatment,eye exams,haircuts,social service fair,and a complimentary lunch will be available to those who attend. BOOK 55 PAGE 155 Charles Bratton, 3108 Arlington Avenue, acknowledged the outstanding leadership within the City of Caldwell. He reported on a recent chain of events concerning a medical crisis involving this spouse. He complimented the medical staff at West Valley Medical Center and a local nursing home that assisted them in their time of need. He expressed concern about a woman within the City of Caldwell who deceived an elderly individual by altering her will and estate. The Mayor reported that he has contacted the Attorney General and the County Prosecutor seeking answers for Mr.Bratton about this dilemma. Jay Matson, owner of the Simply Stylin' Salon located at 210 South Kimball,requested a special-called meeting with the Urban Renewal Board of Commissioners regarding potential development plans for the Urban Renewal owned building located at 217 S.Kimball Avenue. He stated that he has spoken with E1Jay Waite but would like to come before the Urban Renewal Commissioners regarding the matter. The Mayor recommended that Mr.Matson contact the Urban Renewal Agency Board Chair, Rob Hopper,regarding this matter. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held October 6, 2014; the Youth Master Plan Committee Meeting held on September 23,2014;and the Caldwell Public Library Special Board Meeting held on September 4,2014; 2. Approve the appointment of City Council Member Mike Pollard to serve as liaison on the Canyon County Animal Shelter Board; 3. Approve Resolution No. 158-14 authorizing the execution of the Real Estate Lease Agreement with the YMCA for the City Recreation Room commencing November 1,2014 and terminating October 31, 2015 in the amount of$1,860 per quarter($620 per month); [MOVED TO NEW BUSINESS ITEM #1(a)] 4. Approve Resolution No. 159-14 authorizing the execution of the Independent Contractor Agreement with Ken Wien effective October 1,2014 through September 31,2015; 5. Approve Resolution No.160-14 authorizing the Award of Bid for the YMCA Refuge Islands Project to ASC,Inc.in the amount of$11,848; 6. Approve Resolution No. 161-14 accepting a Warranty Deed from Burd, Butler, and Mitchell for property to the City of Caldwell associated with the 21"Avenue/Franklin Road Re-alignment Project facilitated and recorded by Idaho Transportation Department in 2005; 7. Approve Resolution No. 162-14 authorizing the ratification of the License Agreement with Pioneer Irrigation for construction of the 500 Lateral Airport Sidewalk Crossing; 8. Approve Resolution No. 163-14 authorizing the disposition of excess City-owned surplus property (equipment and furniture)located at the Caldwell Police Department; 9. Approve Resolution No. 164-14 authorizing the purchase of a 2016 Peterbilt 10-wheel dump truck for use by the Street Department in the amount of$183,865; 10. Approve Resolution No. 165-14 ratifying the purchase of a new 25 HP Compressor for the Dissolved Air Floatation Tank(DAFT)at the Wastewater Treatment Plant in the amount of$17,170; 11. Approve Resolution No. 166-14 authorizing the purchase of automatic valves for digesters three and four at the Wastewater Treatment Plant in the amount of$31,346; 12. Approve Resolution No. 167-14 authorizing the purchase of a new large area mower from Rocky Mountain Turf for the Parks Department in the amount of$78,828; 13. Approve Resolution No. 168-14 ratifying the purchase of an Emulsion Polymer System for the dewatering building at the Wastewater Treatment Plant in the amount of$13,000; 14. Approve Resolution No. 169-14 accepting an Easement from John and Carol Blaisdell to provide sewer service for a neighboring residential lot located in the Mountain View Subdivision Number 2; 15. Approve Resolution No. 170-14 accepting a Real Estate Purchase and Sale Agreement from John Curtiss Paul for the purchase of the hanger previously declared as surplus property located at the Caldwell Industrial Airport at 5017 Aviation Way; 16. Approve request from Love Caldwell,Inc.for a waiver of the rental deposit and fees in the amount of $500 at the Caldwell Train Depot Event Center for the "Appreciation Gathering" to be held on November 6,2014 recognizing volunteers associated with the Compassion Caldwell event. MOVED by Pollard,SECONDED by Biggers to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Pollard,Biggers,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:Blacker. MOTION CARRIED OLD BUSINESS (CONTINUED 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) Attorney Jill Holinka clarified that the appellant should be allowed to testify first, the applicant of the underlying application follows with testimony, and then the appellant has the opportunity to finish with rebuttal testimony. In response to questions from the Mayor,Ms.Holinka concurred that City Council has the authority to uphold the appeal, deny the appeal, or approve it with modified conditions that were previously approved by the Hearing Examiner. BOOK 55 PAGE 156 The Mayor explained the public hearing procedures. He noted that the appeal period is for 28 days following the hearing.Any further appeals would be taken to the district courts. He asked the City Clerk to swear in those who would be providing public testimony. Jarom Wagoner, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report. He outlined the facts as written noting the reason why the Planning&Zoning hearing was appealed by Ms. Estrada. He noted that Ms. Estrada,the appellant, owns the Terrance Drive-in Theater located at 4011 Lake Avenue. He concluded that the Hearing Examiner approved extensive conditions of approval to avoid a negative impact of the event center with the outdoor theater. Mr.Wagoner presented an aerial map of the site,which the Mayor labeled as CC-1000. In response to questions from Councilman Pollard, Mr. Wagoner clarified that currently there are no outside events taking place at the Colombia Event Center. In response to questions from Councilman Biggers,Mr.Wagoner explained that outside events would be held on the back portion of the property which is currently in dirt. The Hearing Examiner provided options for improved parking by either expanding the parking lot on site or using Grizzly Motor Sports parking located north of the site through a joint-use agreement. If the second option is chosen,a separated sidewalk with virtual curb from their location to Grizzly Sports would be required to assure safe passage for the pedestrians. In response to questions from Mayor Nancolas,Mr.Wagoner responded that there was not a condition of approval regarding the fencing upgrades from the Hearing Examiner. He reported that a secondary access was mandated by the Hearing Examiner through recommendation by the Fire Marshal. In response to questions from Councilman Biggers,Mr.Wagoner reported that WITCO owns the property abutting the subject event center. In response to questions from Councilman Hopper, Mr. Wagoner stated that the occupant load for the facility would be 850 persons in accordance with mandates from the Fire Marshal. The 850 occupancy load is an increase from the 2002 special use permit occupancy load of 462 persons. There was no allowance for outside events within the original special use permit. Molly O'Leary,Attorney for Alicia Estrada(Appellant), 1775 W. State Street 9150,Boise acknowledged being sworn in and spoke in favor of the appeal. She distributed a packet of documents concerning the appeal which the Mayor labeled as CC-1001. She explained that she represents Ms.Estrada who owns the Terrace Drive-in Theater, which is located adjacent to the Colombia Event Center property on Lake Avenue. The appeal was filed for the fact that Ms. Estrada was denied the opportunity to attend the original hearing on the subject due to the miscommunication to Ms.Estrada concerning the hearing date provided by a City of Caldwell police officer. The appeal is focused on five issues affecting the operation of Terrance Drive-in Theater: 1)Noise Disturbances,2)Fencing and Security,3)Lighting Disturbances,4) Landscape Buffer,and 5)Hours of Operation. Ms.O'Leary addressed her client's areas of concern: 1) Noise Disturbances: Loud music is frequently an issue that affects the ability of drive-in theater patrons to hear the movie soundtrack and drive-in theater announcements. Due to the location of the doors at the event center which remain open and the location of the drive-in screen,the sound emanating from the event center bounces off the screen and other structures. The two uses are not compatible and therefore the noise conflicts with the drive-in's operation. Questions were raised if the event center is in compliance with the City's Noise Ordinance? If it is in compliance,how often is it checked? Do the large doors on the west end of the building need to remain open during the operation hours of the facility? Is the event center properly sound proofed? Can the large doors on the west end of the building be relocated to the north side of the building to reduce the noise factor? Can additional fencing or landscaping be required to assist as a sound buffer? 2) Fencing&Security: There are numerous gaps in the cyclone fencing thus allow patrons to sneak into the drive-in theater without paying. The current fence is an eyesore and a safety hazard. It does not help to reduce the noise level during the time of the movie. 3) Lighting Disturbances: There is a light in the parking lot at the event center that pollutes the atmosphere for the theater. The light reflects off the windshields of some of the theater patrons so they cannot watch the movie. 4) Landscape Buffer: She referenced the Condition of Approval Item 8.13 approved by the Hearing Examiner. She noted that the current landscaping should not be defined as landscaping or a buffer. The current vegetation is mainly weeds and not maintained. This vegetation does not provide visual,sound, or additional security from the dilapidated fencing. It is unsightly and appears to be a code violation. 5) Hours of Operation: The movies are not screened until sunset. The movies can be as late as 10:00 p.m. or later in the peak of the summer. The movie start times are set by the movie distributors and are available in advance from the theater or the newspaper. She pointed out Condition of Approval Item 98.14 should be enforced. In conclusion,Ms.O'Leary asked that the applicant be required to comply with all applicable code sections prior to approval of the application and that all conditions be supported by meaningful enforcement provisions thereby requiring that the event center be required to comply with all conditions as stipulated in the 2014 and 2002 Special Use Permits. This would prevent the owner from operating the business without consequences,which is what has happened in the past. BOOK 55 PAGE 157 In response to questions from Mayor Nancolas,Ms. O'Leary stated that the conditions as stated in Item 98.14 would work well but need to be re-enforced. There has been no meaningful cooperation in the past. The movie times are available within the newspaper,the internet,and by phone. The issues concerning noise have been ignored when reported in the past. Jarom Wagoner noted that landscaping was provided along Lake Avenue as mandated by the 2002 special use permit. The landscaping ordinance addresses vegetation along roadways and parking lots,which both areas at the event center are in compliance. The landscaping referenced in testimony refers to a"buffer" area between two different uses which does not apply in this situation. Attorney Jill Holinka clarified that the City Code only requires a landscape buffer zone when the two uses are within different land-use zones. Since these two uses are within the same zone,there is no requirement for a landscape buffer. The special use conditions could address conflicting uses and possible conditions accordingly for the landscape buffer and fencing matters. Jarom Wagoner added that the original staff report presented to the Hearing Examiner had stronger conditions of approval concerning additional landscaping;however,it was reduced since Ms.Estrada was not present to testify at that public hearing before the Hearing Examiner. Discussion was held concerning light pollution from the flood light. Brent Orton,City Engineer at 621 Cleveland Blvd,noted that there are reflectors to adapt existing lighting for downward casting and thus present less of an interference to the surrounding areas. Molly O'Leary stated that her client would agree to lighting that does not interfere with patron's enjoyment at the drive-in theater. She clarified that her client is not opposed to the special use permit as long as the concerns are met and that there is a mechanism in place to make sure that the conditions outlined within the special use permit are followed. Bettie Cavanaugh, 3816 South Lake Avenue, acknowledged being sworn in and spoke in favor of the appeal. She reported that she currently lives across the street from the subject event center. She expressed her concern with the ongoing noise issues from the facility and people turning around or parking in her driveway. Beer bottles and trash are constantly found on her property. The outdoor concert that was held at the site last year was so loud that her young children could not sleep and she could not hear her television even at the maximum volume level. Councilman Hopper suggested that the roadway be reviewed by the engineering department for congestion since this would be safety issue. Possibly"no parking"signs could be placed along the roadway as deemed necessary by the Traffic Commission. He also recommended that the Noise Ordinance be reviewed regarding the stated hours as it pertains to events in parks and event centers. Jarom Wagoner stated that the 1 to 5 parking space criteria was a recommendation from staff inasmuch as the City Code does not specifically address a ratio for event centers. Research was conducted with other municipalities concerning their parking standards. It was determined by staff to use the occupant load as the qualifying factor. Dennis King,521 W.Maple Street,signed in as neutral to the appeal but was not present to testify. Todd Lakey,Attorney for Oscar Pedraza(Owner of the Colombia Event Center),Borton&Lakey, 141 E. Carlton Avenue,Meridian acknowledged being sworn in. Mr.Lakey provided a PowerPoint presentation, which the Mayor labeled as CC-1002. He explained that his clients have owned the property for approximately two years;however,the event center has been in business for approximately 20 years. He stated that his client is in agreement with the Conditions of Approval as outlined by the Hearing Examiner and requested by they remain. Mr.Lakey reported that his client agrees to the following provisions as addressed by the appellant: 1) Noise&doors to the back of the facility: The doors will be kept closed during their event and only opened for exiting the facility. 2) Outdoor use: The owner would comply with the special use permit. 3) Fencing: The applicant will make sure that the fencing will be a six-foot chain link fence around the perimeter of the property with no gaps. 4) Flood light: The flood light referenced in testimony is located near the end of the parking area. The applicant will comply with staff's recommendation to direct the light downward. The fixture will be replaced or modified as necessary. 5) Landscape: The landscape buffer and requirements were addressed within the PowerPoint presentation. 6) Movie start times: The applicant will comply by checking in advance when the movie starts making sure that the event is finished one-half hour before the movie begins. 7) Noise Ordinance: The application will comply with the Noise Ordinance within the C-3 zone. 8) Parking: The applicant requests that the 1 to 5 parking ratio be approved. Councilman Callsen noted that Mr.King testified before the Hearing Examiner about fencing in the back of the property and vandals on the Witco property. BOOK 55 PAGE 158 Mr.Lakey reported that there has not been an incident or complaint about this matter for the past two years. The applicant will make sure that the six-foot chain-link fence is in place. The site is regularly monitored by security during an event. In response to questions from Councilman Callsen,Mr. Lakey confirmed that additional parking will be added to the site and the proper lighting will be in compliance with the City requirements. Discussion followed concerning possible alternative locations for the flood lights. In response to questions from Councilman Biggers, Mr. Lakey reported that the additional doors on the facility were used only for beverage deliveries. He noted that a good portion of the southern area of the parcel will be paved and the other portion will remain as gravel for outdoor events. Any stage on the site will be only temporary as needed per event. Mr. Lakey continued by addressing questions regarding the secondary access issue. He noted that this matter has been discussed with Witco;however,the final determination concerning the location preference has not been disclosed by Witco administration at this time. An application by the event center has been submitted to BLM for use of their right-of-way for the secondary access location as well. An additional amount of property may be needed through an easement from Witco to obtain the necessary width if the BLM application is approved. Ms.O'Leary declined providing rebuttal testimony. Councilman Pollard asked Ms. O'Leary if the appellant is satisfied with the conditions as outlined by the Hearing Examiner and staff as well as the concessions made by the applicant within public testimony? Ms.O'Learry stated that Ms.Estrada is concerned that the sound issue is addressed in compliance with the Noise Ordinance,the light pollution be corrected,and security around the perimeter be managed. As long as these items are managed,both businesses should be able to continue operations. Councilman Callsen asked Ms.Holinka if the parties have any other recourse if the items are not addressed to their satisfaction. Jill Holinka explained that if a condition within the special use permit, such as hours of operation, was violated,then the Hearing Examiner would be called back in to specify an hour of operation. It typically reverts to the conditions of approval and the City Code in violation of the approved special use permit. Councilman Callsen asked if the lighting was redirected and it was not sufficient,does Ms.Estrada have any recourse to resolve the matter? Jill Molinda stated that as long as the applicant is in compliance with the conditions of approval,there is no resource through the City. The property owners would need to work out the issue separate from the City. Councilman Biggers expressed his concern with the access and egress matter involving emergency services. The staff report notes that the applicant shall meet all of the code requirements in relationship to this matter. Do the owners of the event center have a certain amount of time to comply with that condition before they can increase the occupancy to 850? Jarom Wagoner reported that the secondary access condition must be completed before the occupant load would be increased. MOVED by Callsen,SECONDED by Biggers to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.SUP-07-14/APP-01-14: The Mayor presented the Evidence List:staff report,sign-up sheets,CC-1000(aerial map of area presented by Jarom Wagoner),CC-1001(packet from Ms.O'Leary),CC-1002(PowerPoint from Mr.Lakey). MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.SUP-07-14/APP-01-14: MOVED by Hopper,SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO.SUP-07-14/APP-01-14: MOVED by Hopper,SECONDED by Callsen to accept the general facts as outlined in the staff report,the public testimony that was given in this matter,the evidence list that was presented,noting that adopted City Ordinances,Standards,and Codes were used in evaluating this application by both staff and City Council; the proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval;that both the appellant and the applicant seem to be in reasonable agreement with conditions of BOOK 55 PAGE 159 approval as proposed based on Council's decision; and that conflict counsel was present at the public hearing and no advice was provided by the firm of Hamilton,Michaelson,&Hilty. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.SUP-07-14/APP-01-14: MOVED by Ozuna,SECONDED by Hopper that the Caldwell City Council has the authority to hear this case and to make the decision to approve or deny;and the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. MOTION CARRIED ORDER OF DECISION ON CASE NO.SUP-07-14/APP-01-14 MOVED by Hopper,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders that the request of Alice Estrada to appeal Case Number SUP-07-14 (APP-01-14)be denied with the provision that conditions of the Special Use Permit approval match those of conditions 9-2 thru 9-20 as outlined within the staff report. Mr.Hooper clarified that Condition 9.18 addresses the lighting issue requiring that it be directed away from the surrounding properties. He expressed his appreciation to the applicant in offering to repair the fencing to make it consistent around the perimeter of the property. He noted that the issue about keeping individuals out of the adjoining properties also needs to be addressed by the owners of the adjoining properties. Mayor Nancolas commented on the parking problems along Lake Avenue including parking on private properties. He requested that the City Engineer review the parking standards with staff and the conditions of this narrow roadway. If needed, appropriate signage should be placed along the roadway. He also requested that the applicant constantly remind his patrons to be good neighbors and not cause problems with the surrounding property owners by violating parking standards. Councilman Hopper advised Ms.Cavanaugh to contact the police regarding any extreme noise conditions at the site in the future. Those issues need to be on record and thereby addressed by staff. Roll call vote. Those voting yes: Hopper,Callsen,Pollard,Biggers,and Ozuna. Those voting no:none. Absent and/or not voting: Blacker. MOTION CARRIED MOVED by Hopper,SECONDED by Biggers to close the public hearing. MOTION CARRIED NEW BUSINESS None. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of$1,315,700.60 for the period ending October 14,2014 and net payroll in the amount of$278,854.55 for the pay period ending October 4,2014. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,315,700.60 represented by check numbers 104844 through 105117 and the total payroll in the amount of$278,854.55 represented by check numbers 27554 through 27576 and payroll direct deposits be accepted,payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (APPROVE RESOLUTION NO.158-14 AUTHORIZING THE EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH YMCA FOR THE CITY RECREATION ROOM COMMENCING NOVEMBER 1,2014 AND TERMINATING OCTOBER 31,2015 IN THE AMOUNT OF$1,860 PER QUARTER[$620 PER MONTH]) Councilman Hopper stated that he meant to discuss Item 95 under the consent calendar rather than Item 93. MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 158-14 authorizing the execution of the Real Estate Lease Agreement. MOTION CARRIED Councilman Hopper asked staff about the refuge islands proposed at the YMCA for the pedestrian crossing. He expressed his concern about having an island where both lanes of traffic are stopped with a single signalization may lead to confusion on the part of the pedestrian. Brent Orton,City Engineer at 621 Cleveland Blvd,provided a diagram showing the two island crossing options. He noted that on a wide street,the intent is not to impede traffic for any length of time. With an alternate design option,pedestrians could cross one side of traffic,let traffic continue,and then cross the other side. It was suggested that the proposed design be reformatted allowing for this alternate design. In response to questions from Councilman Hopper,Mr.Orton estimated that the cost for redesign would not be significant. (COUNCIL COMMENTS) BOOK 55 PAGE 160 Council Member Pollard reported on his recent opportunity to ride with the street crime units. He noted that CPD is looking to organize a canine unit and they are currently evaluating two dogs for that purpose. CPD is looking at the property on Kit (where currently a pump house is located) which could be used for canine training once it is fenced. Council Member Callsen reported that he spoke with Ken Wien regarding the future direction that Council would like to take concerning the Movies in the Park event. Council Member Hopper reported on the amazing community support of the College of Idaho football team. He expressed his support for the Compassion Caldwell event to be held on Saturday. Council Member Ozuna reported on the upcoming open house at the library on Thursday,October 23'at 6:00 p.m. She stated that she participated in the"Advocates Against Family Violence"walk/run which was held on October I Ith. She recommended that Council consider financial support of this organization in the future. (MAYOR'S COMMENTS) The Mayor reported that he attended the Densho Garden ribbon tying ceremony which honored the completion of the garden. This is a beautiful garden which provides a great representation of the Asian culture within the community. Ribbon cutting or groundbreaking ceremonies recently attended by Mayor Nancolas: • The new OB-GYN facility at West Valley Medical Center. • The new tanning salon near WalMart. • The cardiac unit at West Valley Medical Center. The Mayor reported that he met with the Governor and staff regarding the I-84 issues and the Transportation Improvement Plan proposed by COMPASS and the fact that ITD had removed the I-84 project unilaterally. The Idaho Transportation Improvement Plan must be in harmony with the Transportation Improvement Plan as presented by the Metropolitan Planning Organization. The next meeting will be held on November 121h The Mayor taught American Government classes this morning at the Caldwell High School. He encouraged those in attendance to vote in the General Election on November 41h (EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 67-2345,EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (A) FOR THE PURPOSE OF DISCUSSING THE HIRING OF A PUBLIC OFFICER, EMPLOYEE, STAFF MEMBER OR INDIVIDUAL AGENT, SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF OR AN INTEREST IN REAL PROPERTY NOT OWNED BY A PUBLIC AGENCY,AND SUBSECTION(F)FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION. MOVED by Hopper,SECONDED by Biggers pursuant to Idaho Code,Section 67-2345,Executive Session pursuant to Idaho Code,Section 67-2345,Subsection(a)for the purpose of discussing the hiring of a public officer, employee, staff member or individual agent, Subsection (c) for the purpose of discussing the acquisition of or an interest in real property not owned by a public agency,and Subsection(f)for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 9:20 pm. Roll call vote:Those voting yes:Hopper,Callsen,Pollard,Biggers,and Ozuna. Those voting no:none. Absent and/or not voting:Blacker. MOTION CARRIED MOVED by Hopper,SECONDED by Pollard to reconvene into the Regular Session. (CONSIDER RESOLUTION NO. 157-14 AUTHORIZING THE ADOPTION OF THE SETTLEMENT AGREEMENT, MUTUAL RELEASE, MASTER AGREEMENT, AND DRAIN TRANSFER AGREEMENT,SUBJECT TO ADOPTION BY PIONEER IRRIGATION DISTRICT) MOVED by Callsen,SECONDED by Pollard to approve Resolution No. 157-14 authorizing the adoption of the Settlement Agreement,Mutual Release,Master Agreement,and Drain Transfer Agreement,subject to adoption by Pioneer Irrigation District authorizing the Mayor to execute duplicate originals, and providing for this resolution to be effective upon its passage and approval. Councilman Hopper noted for the record that Resolution No. I57-I4 was added to the agenda based on discussion of this item within the Executive Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper,SECONDED by Biggers to adjourn at 9:50 p.m. MOTION CARRIED APPROVED AS written THIS 3' DAY OF November ---,-2014. BOOK 55 PAGE 161 Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk