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HomeMy WebLinkAbout2015-06-01 City Council Minutes BOOK 56 PAGE 61 REGULAR MEETING June 1,2015 7:00 P.M. The Mayor welcomed those in attendance. Pastor Jim Porter of the Caldwell Free Methodist Church provided the invocation. The Mayor led 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:Callsen,Pollard, Biggers,Feucht,Ozuna,and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Employee of the Month Presentation. The Mayor read the letter of recommendation from Teresa Roberts from the Caldwell Police Department CSO Division recommending Officer Jared Hoeksema as the Employee of the Month. A plaque and gift card was presented to the Officer Hoeksema from the Mayor.Mr.Hoeksema expressed his appreciation for the recognition and introduced his co-workers, friends and family who were present. B. Annual Report from Kelli Fairless of Valley&gional Transit. Ms. Fairless provided a PowerPoint presentation of an overview the Valley Regional Transit accomplishments during this past year. She expressed appreciation to Mayor Nancolas and Rob Hopper for serving on the VRT Board and the support of the City of Caldwell. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Biggers to amend the agenda by adding Consent Calendar Item 95 to read: "Approve request from the Caldwell Police Department to receive the FY 2015 Bryne JAG grant in the amount of$79,244 to be administrated by the Caldwell Police Department and allocated to the City of Nampa ($38,619), the City of Caldwell ($24,813), and Canyon County ($15,812). MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on May 18, 2015; the Special City Council Meeting held on May 19, 2015; and Youth Master Plan Committee Meeting held on April 28,2015; 2. Approve Resolution No. 100-15 authorizing the dedication of storm drain facilities from Trilogy Development for Apple Creek Subdivision,Phases 5,6,and 7; 3. Approve Resolution No. 101-15 authorizing the purchase of two (2) used 2012 Jacobsen Greens King IV Plus diesel mowers for the Golf Department at a cost of$15,500 per mower from RMT; 4. Approve Resolution No. 102-15 authorizing that property located at 300 Frontage Road be declared as surplus property and set the public hearing and auction date for the Regularly Scheduled City Council Meeting to be held at Monday, July 6, 2015 at 7:00 p.m. with the opening bid price of$38,332; 5. Approve request from the Caldwell Police Department to receive the FY 2015 Bryne JAG grant in the amount of $79,244 to be administrated by the Caldwell Police Department and allocated to the City of Nampa($38,619),the City of Caldwell($24,813), and Canyon County($15,812).[ADDED] MOVED by Pollard,SECONDED by Biggers approve the Consent Calendar as amended. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED OLD BUSINESS (CONTINUED: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ANN-15-02 A REQUEST BY THE IDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS, INC. FOR ANNEXATION OF APPROXIMATELY 42 ACRES INTO THE CITY OF CALDWELL WITH A ZONING DESIGNATION OF H-C (HIGHWAY CORRIDOR) AND A DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MONTANA AVENUE AND HWY.55 IN CALDWELL,IDAHO) BOOK 56 PAGE 62 The Mayor declared the public hearing continued and open. Brian Billingsley,621 Cleveland Blvd,reported that the applicant has requested a continuance to the next City Council allowing them to finalize matters involving right-of-way issues along Karcher Road. MOVED by Hopper, SECONDED by Callsen to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on Monday, June 15th at 7:00 p.m. in the Caldwell Police Department Community Room. MOTION CARRIED (SECOND READING: CONSIDER BILL NO.16(ORDINANCE NO.3001)FOR AMENDMENTS TO CHAPTER 8,ARTICLE 3,SECTION 08-03-23 PROHIBITING AN OWNER OF AN ANIMAL FROM DISTURBING THE PEACE OF HIS NEIGHBORS) The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8, ARTICLE 3, SECTION 08-03-23, BY PROHIBITING AN OWNER OF AN ANIMAL FROM DISTURBING THE PEACE OF HIS NEIGHBORS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF,IN CONFLICT HEREWITH. MOVED by Hopper,SECONDED by Feucht to let this stand as the second reading by title only of Bill No. 16(Ordinance 3001)with the third and final reading to take place at the next Regularly Scheduled City Council Meeting to be held on June 15,2015 at 7:00 p.m. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ZON-15-02, A REQUEST BY SAKIMOTO PROPERTIES, LLC TO REZONE 0.52 ACRES, MORE OR LESS, FROM R-3 [HEAVY DENSITY RESIDENTIAL] TO C-1 [NEIGHBORHOOD COMMERCIAL]. THE SUBJECT PROPERTY IS LOCATED AT 3611 S.10TH AVENUE IN CALDWELL,IDAHO) The Mayor explained the quasi-judicial process and asked the City Clerk to swear in those who would be providing public testimony. Brian Billingsley, 621 Cleveland Blvd, provided the staff report and outlined the facts as written. He presented an aerial map of the site which the Mayor labeled as CC-1000. He noted that a medical office is a permitted use within the C-1 zoning classification. The landscaping meets current codes and there is sufficient parking for the subject business. There is a request for dedication of right-of-way 40 feet from the center line at 10th Avenue. Staff and the Hearing Examiner recommended approval of the request. In response to questions from Councilman Hopper,Mr.Billingsley reported that the property to the north of the site (Caldwell Transportation Company)is currently zoned R-1 noting that the classification was possibly grandfathered since the zoning map was adopted in 1977 and the business has been at the location for several years. Tom Morris,12550 W.Explorer Drive,Boise provided testimony in favor of the request. In response to questions from Councilman Callsen,Mr.Morris stated that he has met with staff concerning the required dedication of additional right-of-day and concurs with the requirement. Seven additional feet of property dedication would be required. MOVED by Hopper,SECONDED by Biggers to close the public testimony portion of the hearing, MOTION CARRIED EVIDENCE LIST FOR CASE NO.ZON-15-02: The Mayor presented the Evidence List: staff report,sign-up sheets,and an aerial map of the site labeled (CC-1000). MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-15-02: MOVED by Callsen,SECONDED by Biggers to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED BOOK 56 PAGE 63 FINDINGS OF FACT ON CASE NO.ZON-15-02: MOVED by Hopper,SECONDED by Biggers to accept the general facts as outlined in the staff report,the public testimony that was given in this matter,the evidence list that was presented,and note that there was no opposition to the application,and the rezone request is beneficial to the City of Caldwell. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.ZON-15-02: 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.ZON-15-02: MOVED by Hopper,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders Case No.ZON-15-02,a request by Sakimoto Properties,LLC for a rezone of approximately 0.52 acres, more or less, from R-3 (High Density Residential) to C-1 (Neighborhood Commercial) for the property located at 3611 S. 10th Avenue, be approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper,Callsen,Pollard,Biggers,Feucht,and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper,SECONDED by Biggers to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 12 [ORDINANCE NO. 2997] FOR CASE NO. ZON-15-02 [SAKIMOTO 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 THE 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 Hopper to waive the three reading process and consider Bill No. 12 (Ordinance No.2997)on its first reading by title only. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard,SECONDED by Hopper to sponsor Bill No. 12(Ordinance No.2997),move for its passage,and approve the summary for publication. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ANN-15-03 & SUB-I5-PO1: A REQUEST BY MIKE GREGORY/HAYDEN HOMES TO ANNEX 24.9 ACRES,MORE OR LESS, WITH AN R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DESIGNATION, A COMPREHENSIVE PLAN MAP CHANGE FROM COMMERCIAL TO HIGH DENSITY RESIDENTIAL, A DEVELOPMENT AGREEMENT, AND PRELIMINARY PLAT APPROVAL OF VOYAGE CROSSING SUBDIVISION CONSISTING OF 24.9 ACRES,MORE OR LESS,TO BE SUBDIVIDED INTO 93 RESIDENTIAL LOTS AND 4 COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF AVIATION WAY, AT THE INTERSECTION OF AVIATION WAY AND VISTA PARK DRIVE) Brian Billingsley, 621 Cleveland Blvd, provided the staff report and outlined the facts as written. He presented an aerial map of the site which was labeled CC-1000. He noted that there will be no multi-family units within the subdivision - all residences will be single-family occupancy. Lot 932, Block 91 will remain open at this time. Should the property located east of the site be developed with residences,that lot would be used as a connection road. If the site develops as commercial space,the lot will remain as open space. BOOK 56 PAGE 64 Discussion was held concerning having a vehicular or pedestrian connection from the residential site if the adjoining parcel was developed for commercial use in the future. Mr.Councilman Biggers asked if there is a drain located on the property. Brent Orton,621 Cleveland Blvd,provided the location of the A Drain in relation to the subject property. He noted that the drain would not impact the development. In response to questions from Councilman Feucht, Mr. Billingsley noted that the open lot within the development would be used for open space/storm drainage. Corinne Haase from T.O. Engineers at 332 N. Broadmore Way, Nampa, provided a PowerPoint presentation outlining the development. Discussion followed concerning a connectivity pathway to the adjoining parcel. Dana Gerdes, 3614 Middlepark Court, spoke in favor of the residential development of the site but expressed opposition to a possible commercial development adjoining the property in the future. Tom Gerdes,3614 Middlepark Court,spoke in favor of the request for single family residences to be built but expressed concern with any potential multi-family development adjoining the property in the future. John Carpenter,332 Broadmore,Nampa spoke in favor of the application. He outlined the location of the A Drain. He addressed the connectivity plan from the subdivision to the adjoining parcel. He asked that the connection roadway/pathway be deferred as long as possible since the proposed use of the adjoining parcel is undetermined at this time. Discussion followed. Mayor Nancolas called a 10 minute recess at 8:30 p.m.allowing staff and the developer's representatives to draft revisions to the language within the development agreement addressing connectivity between the Voyage Crossing Subdivision and the adjoining parcel to the east of the site. The Mayor reconvened the meeting at 8:40 p.m. Mark Hilty, Caldwell City Attorney at 1303 12th Avenue Road, Nampa, reported that a 10 ft. wide additional common lot would be added to the north. If the adjoining parcel to the east develops into a residential use,then the roadway would be constructed and ten-foot pathway lot vacated. If it develops for a commercial use,then the lot would be become buildable rather than public right-of-way and the pathway would be constructed. The new conditions would be added to the staff report(913.18.1)and development agreement(#19b). Mr.Hilty provided the followed revisions: 13.18 Lot 32A,Block 1(52'in width),as shown on Site Plan Exhibit A-3 of Case File ANN-15-03,shall be reserved as a potential future right-of-way. If the property to the east of the Subject Property develops as a residential subdivision, development, or use, Owner, or its successor in interest,shall dedicate this lot as right-of-way following final plat approval of said residential subdivision, development or use. The City shall bear the responsibility to construct this portion of roadway to connect to the east. If the property to the east develops as a commercial subdivision, development, or use, the city shall, in writing, relinquish any rights to utilize this lot as a potential future right-of-way, and said lot may be developed as a residential lot. Until such time as the property to the east shall be developed, no permanent structures shall be constructed on said lot,and Developer shall maintain this lot in a weed free condition. 13.18.1 Lot 328,Block 1 (10'in width), as shown on Site Plan Exhibit A-3 of Case File ANN-15-03,shall be reserved as a potential future pathway. If the property to the east of the Subject Property develops as a commercial subdivision,development,or use, Owner, or its successor in interest,shall dedicate this lot as a pathway following final plat approval of said commercial subdivision, development or use. The City shall bear the responsibility to construct the pathway to connect to the east. If the property to the east develops as a residential subdivision,development,or use,the city shall,in writing,relinquish any rights to utilize this lot as a potential future pathway,and said lot maybe combined with Lot 33,Block]. Until such time as the property to the east shall be developed, no permanent structures shall be constructed on said lot,and Developer shall maintain this lot in a weed free condition. MOVED by Hopper,SECONDED by Biggers to close the public testimony portion of the hearing, MOTION CARRIED EVIDENCE LIST FOR CASE NO.ANN-15-03: The Mayor presented the Evidence List: staff report,sign-up sheets,the aerial map of the site labeled CC- 1000,and revised language as provided by the City Attorney to be added to the Staff Report as Condition 913.18.1 and in the Development Agreement as an additional Item 919b. MOVED by Hopper,SECONDED by Feucht to accept the Evidence List as presented. MOTION CARRIED BOOK 56 PAGE 65 FINDINGS OF FACT ON CASE NO.ANN-15-03: 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,and note there was no community objection to the application. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.ANN-15-03: 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.ANN-15-03: MOVED by Callsen,SECONDED by Hopper based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders that Case No. ANN-15-03 a request by Hayden Homes for annexation of approximately 24.9 acres with an R-2 (Medium Density Residential) zoning designation and a Comprehensive Plan Map Amendment from Commercial to Medium Density Residential, and a development agreement for the property located at the corner of Aviation Way and Muller Lane, be approved with the conditions as outlined in the staff report and Roll call vote. Those voting yes: Callsen,Pollard,Biggers,Ozuna,and Hopper. Those voting no:Feucht. Absent and/or not voting: none. MOTION CARRIED The Mayor acknowledged that the Evidence List and Comprehensive Plan Analysis from Ann-15-03 is also applicable to SUB-15-PO I. FINDINGS OF FACT ON CASE NO.SUB-15-PO 1: 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,and note that there was no community objection to the preliminary plat development as specified. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.SUB-15-PO 1: MOVED by Ozuna,SECONDED by Callsen 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.SUB-15-PO I- MOVED by Pollard,SECONDED by Callsen Based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders that Case No. SUB-15-POI a request by Hayden Homes for preliminary plat approval of Voyage Crossing Subdivision with 94 residential lots and 9 common lots located at the corner of Aviation Way and Muller Lane,be approved with the conditions previously stated. Commissioner Feucht addressed his concerns with the approval of the development as it relates to jobs and safety service coverage. Roll call vote. Those voting yes: Pollard,Biggers,Ozuna,Hopper,and Callsen. Those voting no:Feucht. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard,SECONDED by Feucht to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 13 [ORDINANCE NO. 2998] FOR CASE NO. ANN-15-03 (VOYAGE CROSSING ANNEXATION) 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 CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL,IDAHO,AS PART OF THE R-3 (HIGH DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL,CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH BOOK 56 PAGE 66 CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE,SECTION 63-215. MOVED by Hopper,SECONDED by Pollard to waive the three reading process and consider Bill No. 13 (Ordinance No.2998)on its first reading by title only. Roll call vote: Those voting yes:Hopper,Callsen,Pollard,Biggers,Feucht and Ozuna. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Hopper, SECONDED by Biggers to sponsor Bill No. 13 (Ordinance No.2998),move for its passage,and approve the summary for publication. Roll call vote: Those voting yes:Hopper,Callsen,Pollard,Biggers,Feucht and Ozuna. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER APP-15-01: A REQUEST BY COLOMBIA EVENT CENTER/OSCAR PEDRAZA TO AMEND CONDITIONS OF APPROVAL 9.10 AND 9.12 FROM THE ORDER OF DECISION OF CASE FILE NUMBER SUP-07-14 TO ALLOW FOR A TIME EXTENSION FOR THE INSTALLATION OF THE LANDSCAPING AND PAVED PARKING. THE SUBJECT PROPERTY IS LOCATED AT 3701 S.LAKE AVENUE IN CALDWELL,IDAHO) Brian Billingsley, 621 Cleveland Blvd,provided the staff report and presented an aerial map of the site which was labeled CC-1000. He noted that conditions 9.10 and 9.12 of the Special Use Permit deal with additional parking and landscaping. Additional parking would be located southeast of the event center. The Special Use Permit provided a deadline of June 30,2015 to complete the expansion of the parking lot with landscaping. The applicant has not completed the work at this time and has asked for a six month extension. Staff does not object to the request but would recommend that the requirements be completed before the six month period. The Mayor expressed concern that a six month period might be too long inasmuch as paving and the planting of grass and trees cannot be conducted after the cold weather commences. He stated that October 31st would be a more appropriate timeframe. Councilman Hopper expressed concern about safety issues with patrons parking along Lake Avenue for large functions during the summer months. In response to questions from Councilman Pollard,Mr.Billingsley reported that the parking lot/landscaping project had not been started at the time of the expansion request. Oscar Pedraza,10102 Elvera Lane,Nampa,spoke in favor of the request. He reported that there have been obstacles in securing a secondary access road per the Special Use Permit conditions of approval. He has been working through an attorney with contacts being made with neighboring land owners concerning a secondary access road. Communication has recently been held with the owner of the drive-in movie theater concerning a secondary access road on her property. Engineering plans for the parking lot/landscaping have been submitted one week ago to Planning&Zoning staff for review. Councilman Hopper stated that the access road must be in place prior to the business operating under an increased occupancy load for the safety of the patrons. The landscaping and paving requirements are also mandatory. Mr.Pedraza acknowledged the requirements as outlined by Councilman Hopper. In response to questions from Councilman Biggers, Mr. Pedraza stated that the cost of the parking lot improvements would be approximately $36,000. The all-purpose gravel for the access road would cost approximately $4,200. The access road would be completed in approximately two or three weeks and would be placed on the drive-in theater parcel. Mr.Pedraza concluded by stating that the last details are currently being placed on paper with the owner of the drive-in theater. The Mayor clarified that Mr. Padraza believes that he has reached an agreement with the owner of the Terrace Drive-In Theater for a secondary access road for the purpose of safety services with an all-weather surface being added to the road. The road construction would be completed within 30 days. Occupancy within the event center could then increase to 850 persons. Mr.Pedraza is requesting that the landscaping and asphalt conditions for the parking lot be delayed for a period of six months. The Mayor emphasized that landscaping and parking lot paving requirements must also be completed in the specified time limits or the special use permit would be terminated. In response to questions from Councilman Biggers,Mr.Padraza reported that the owner of the Terrance Drive-in is in agreement for the secondary access road being used for emergency purposes through the drive-in movie business. In response to questions from Councilman Hopper,Mr.Padraza stated that he did not foresee a problem with the extension being granted until the end of October;however,they would prefer the extension being approved through the end of the year. BOOK 56 PAGE 67 Councilman Callsen stated that he would be in favor of leaving the extension for a period of six months as requested. In response to questions from Councilman Biggers, Mr. Billingsley reported that if the project is not completed by the deadline,the applicant can request another extension through City Council. He noted that the City Code does not give a limit as to the number of extensions granted. Mr.Pedraza stated that they have applied for a loan to complete the project. MOVED by Hopper,SECONDED by Ozuna to close the public testimony portion of the hearing, MOTION CARRIED EVIDENCE LIST FOR CASE NO.APP-15-01: The Mayor presented the Evidence List: staff report, sign-up sheets, and an aerial map of APP-15-01 which was labeled as CC-1000. MOVED by Hopper,SECONDED by Feucht to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO.APP-15-01: 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,and the evidence list that was presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.APP-15-01: MOVED by Ozuna,SECONDED by Feucht 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.APP-15-01: MOVED by Feucht, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,the Caldwell City Council hereby orders that Case No.APP-15-01,a request by Colombia Event Center/Oscar Pedraza to amend Conditions of Approval 9.10 and 9.12 of SUP-07-14 to allow for an additional six(6) months to install paved parking and landscaping,is approved with the conditions as out lined within the staff report. Roll call vote. Those voting yes: Feucht,Ozuna,Hopper,Callsen,Pollard,and Biggers. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper,SECONDED by Biggers to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 18 [ORDINANCE NO. 3003] AMENDING CHAPTER 6, ARTICLE 5, SECTIONS 6-5-7 AND 6-5-10 OF THE CALDWELL CITY CODE PERTAINING TO THE ISSUANCE OF LICENSES FOR DOOR-TO-DOOR VENDORS WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Mark Hilty, 1303 12th Avenue Road, Nampa, presented the staff report. He noted that the current ordinance requires background checks for minors seeking a door-to-door/peddler license. After discussion held between the City Clerk and Chief of Police,it was determined that the FBI background requirement should be removed from the ordinance since no information would be revealed by the FBI due to the applicants'age. In response to concerns expressed by Councilman Hopper that groups of high school age students have gone door-to-door in the past selling various items,Mr.Hilty stated that the City will continue with due diligence procedures in reviewing the door-to-door/peddler applications by the Chief of Police and City Clerk. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 6, ARTICLE 5, SECTIONS 6-5-7 AND 6-5-10, OF THE CALDWELL CITY CODE, PERTAINING TO THE ISSUANCE OF LICENSES FOR DOOR-TO-DOOR VENDORS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,ORDERS AND PARTS THEREOF,IN CONFLICT HEREWITH. MOVED by Feucht,SECONDED by Hopper to waive the three reading process and consider Bill No. 18 (Ordinance No.3003)on its first reading by title only. BOOK 56 PAGE 68 Roll call vote:Those voting yes:Feucht,Ozuna,Hopper,Callsen,Pollard,and Biggers. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Feucht,SECONDED by Ozuna to sponsor Bill No. 18(Ordinance No.3003)as approved by title only and move for its passage. Roll call vote:Those voting yes:Feucht,Ozuna,Hopper,Callsen,Pollard,and Biggers. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (CONSIDER BILL NO. 19 [ORDINANCE NO. 3004] ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT KNOWN AS SIENNA HILLS SUBDIVISION NO. 3 [INSTRUMENT NO.2015-004800] WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL,IDAHO,ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF;DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Pollard,SECONDED by Callsen to waive the three reading process and consider Bill No. 19 (Ordinance No.3004)on its first reading by title only. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard,SECONDED by Callsen to sponsor Bill No. 19(Ordinance No.3004)and move for its passage by title only. Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Feucht reported that the Finance Committee has reviewed current accounts payable in the amount of$1,625,178.63 for the period ending May 27,2015 and net payroll in the amount of$288,709.48 for the pay period ended May 22,2015. MOVED by Feucht,SECONDED by Biggers that accounts payable in the amount of$1,625,178.63 represented by check numbers 109226 through 109505 and payroll for the total amount of$288,709.48, represented by check numbers 28426 through 28445 and payroll direct deposits,be accepted,payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard reported on the success of the downtown Main Street event held on May 30tH Councilman Hopper reported that he is no longer employed at Canyon County. Councilman Feucht reported that season tickets will be made available next week for the College of Idaho football program. Councilman Biggers reported that Congressman Labrador and his staff recently visited the Veterans Memorial Hall and are very interested in providing help with any veteran issues. (MAYOR'S COMMENTS) The Mayor provided an update on the application/hiring process of the communication specialist who will be instrumental in making valuable changes to the City's website. He expressed appreciation to Councilman Callsen with his help in reviewing the initial applications for the position. He stated that Mary Henberg and his wife,Laurie,have left the College of Idaho due to President Henberg's retirement. The Mayor will be meeting with the new president,Dr.Charlotte Borst,upon her arrival. BOOK 56 PAGE 69 pcoming events. June 5th Community Service Scholarship Golf Scramble June 15th Next City Council Meeting (ADJOURNMENT) MOVED by Hopper,SECONDED by Feucht to adjourn at 9:38 p.m. MOTION CARRIED APPROVED AS written THIS 15th DAY OF June 2-2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk