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Home My WebLink About2015-07-06 City Council Minutes BOOK 56 PAGE 82 REGULAR MEETING July 6,2015 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,and Ozuna. Absent: Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Proclamation: Americans with Disabilities Act Awareness Day The Mayor read the following proclamation into the record: A Proclamation of Recommitment to Full Implementation of the Americans with Disabilities Act on the 25th Anniversary of the Act WHEREAS, some 57 million Americans have disabilities which have caused many of them to suffer the indignities of discrimination;and WHEREAS, some 195,000 Idahoans have disabilities which have also caused many of them to suffer indignities of discrimination;and WHEREAS, on July 1, 1988, the Idaho Human Rights Act was amended to prohibit employment discrimination against individuals with disabilities; and on July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities;and WHEREAS,it is the purpose of this Act to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;and WHEREAS, it is also the purpose of this Act to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities,and WHEREAS,the ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions,and promoted full participation in their community,city,county, state,country and life;and WHEREAS, the State of Idaho is committed to providing the most integrated, least restrictive environments for people with disabilities and their families to live in freedom and enjoy the promise of education,employment,effective communication,participation in their communities and in the culture and sports offered in Idaho;and WHEREAS,it is fitting and appropriate to recognize this date and to heighten public awareness of the 25th anniversary of the Americans with Disabilities Act; NOW,THEREFORE,I,Garret L.Nancolas—Mayor of the City of Caldwell,do hereby proclaim Friday, July 17,2015,to be AMERICANS WITH DISABILITIES ACT AWARENESS DAY And do hereby reaffirm that the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA, and that the City of Caldwell celebrates and recognizes the progress that has been made to fulfill the promise of the ADA. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen,SECONDED by Feucht to amend the Consent Calendar by amending Item 96 to read: "Approve Resolution No.112-15 authorizing the establishment of the Downtown Plaza Task Force with the appointment of Kelli G.Jenkins, Gregg Alger, Bob Carpenter, Theresa Hardin,John McGee,Melenie R. Stone,KeriSmith-Sigman, Steve Fultz, and Warren Kouba to the Downtown Plaza Task Force Committee for a term to expire December 31, 2016"and add an Executive Session pursuant to Idaho Code, Section 74-206, Subsection(f)for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation. AUDIENCE PARTICIPATION None. BOOK 56 PAGE 83 CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on June 15,2015;the Special City Council Meetings held on June 16, 2015 and June 23, 2015; the Caldwell Dog Park Committee Meetings held on March 18,2014,April 22,2014,May 27,2014,and June 24,2014;and the Caldwell Housing Authority meeting held on May 28,2015; 2. Approve Resolution No. 110-15authorizing the adoption of a Summer Youth Program for Caldwell students and college students and set an effective date of July 2015; 3. Approve Resolution No. 111-15 authorizing the purchase of imagery and software provided by Pictometry in the amount of$13,472; 4. Approve Resolution No. 109-15 authoring the approval of amendments and revisions made to the City of Caldwell Records Policy; 5. Approve the request for the issuance of an Alcohol Beverage License for the Los Portales Night Club located at 301 34th Avenue; 6. Approve Resolution No.112-15 authorizing the establishment of the Downtown Plaza Task Force with the appointment of Kelli G. Jenkins, Gregg Alger, Bob Carpenter, Theresa Hardin, John McGee, Melenie R. Stone,Keri Smith-Sigman, Steve Fultz,and Warren Kouba to the Downtown Plaza Task Force Committee for a term to expire December 31,2016. [AMENDED] MOVED by Pollard,SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna and Callsen. Those voting no: none. Absent and/or not voting:Hopper. 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) MOVED by Callsen, SECONDED by Feucht to continue this item to the next Regularly Scheduled City Council Meeting to be held on July 20,2015 at 7:00 p.m.per request of the applicant. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING AND AUCTION: REAL PROPERTY KNOWN AS 300 FRONTAGE ROAD WHICH WAS DECLARED AS SURPLUS PROPERTY ON JUNE 19 2015 AND BEING PROPOSED FOR SALE AT THE OPENING BID PRICE OF$38,322 BASED ON COMPARABLE PROPERTY EVALUATIONS) The Mayor declared the public hearing and auction open. Konrad Ziesing, 10575 Pipevine Drive, Nampa, stated that Mr. Lampman would be the spokesman representing Christian Faith Center. Colby Lampman, 828 West Tropical Drive, Nampa, stated that the Christian Faith Center Board of Directors has expressed concern with the initial bid price of$38,322. He presented questions concerning the procedural steps in submitting a bid after the public auction closes. He expressed concern with the possibility if another owner of the parcel would honor the current lease for the building located at the site. He also addressed maintenance issues of the parcel. The Mayor explained the public auction process for surplus property. He noted that City Council may choose to move forward with city staff considering alternate bids submitted to City Hall after the close of the public auction. Mr.Lampman stated that he is a licensed realtor but is not charging any commission for his services in order to assist the church. He noted that Christian Faith Center would be interested in submitting an alternate offer. Christian Faith Center will continue to maintain the landscaping and upkeep of the building in the interim. MOVED by Pollard,SECONDED by Biggers to close the public hearing and auction. MOTION CARRIED MOVED by Callsen,SECONDED by Biggers to direct staff to begin the negotiation process to dispose of the property located at 300 Frontage Road. Roll call vote: Those voting yes: Callsen,Pollard, Biggers,Feucht, and Ozuna. Those voting no: none. Absent and/or not voting:Hopper. MOTION CARRIED BOOK 56 PAGE 84 (CONSIDER BILL NO. 23 [ORDINANCE NO. 3008] TO ANNEX 12633 MOSS LANE, NAMPA [INSTRUMENT NO. 2011021776] INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton reported that the property is located in the Castle Peak Subdivision which is located within the Caldwell City Limits. This is a voluntary request for annexation into the Caldwell Municipal Irrigation District. 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.23 (Ordinance No.3008)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna and Callsen. Those voting no: none. Absent and/or not voting:Hopper. MOTION CARRIED MOVED by Pollard,SECONDED by Callsen to sponsor Bill No.23(Ordinance No.3008)and move for its passage by title only. Roll call vote: Those voting yes: Pollard, Biggers, Feucht, Ozuna and Callsen. Those voting no: none. Absent and/or not voting:Hopper. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Biggers reported that the Finance Committee has reviewed current accounts payable in the amount of$1,154,308.77 for the period ending June 24,2015 and net payroll in the amount of$296,115.17 for the pay period ended June 13,2015. MOVED by Biggers, SECONDED by Callsen that accounts payable in the amount of $1,154,308.77 represented by check numbers 109823 through 110117 and payroll for the total amount of $296,115.17, represented by check numbers 28477 through 28515 and payroll direct deposits, be accepted, payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Appreciation was expressed to the July 4th Celebration Committee for planning this event. The event was a great success! Councilman Feucht encouraged everyone to attend the Caldwell Farmer's Market on Wednesday afternoons. (MAYOR'S COMMENTS) The Mayor highlighted the success of the July 4th fireworks display at Brother's Park. He expressed appreciation to the Caldwell Police Department in their efforts of directing traffic and the Caldwell Fire Department in supervising the fireworks display. Upcoming Events. Budget Workshop July 7,2015 6:00 p.m. Caldwell Police Department Budget Workshop July 14,2015 6:00 p.m. Caldwell Street Department Council Regular Meeting July 20,2015 7:00 p.m. Caldwell Police Department (EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 74-206, SUBSECTION (F)FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION) MOVED by Callsen, SECONDED by Biggers to convene into Executive Session pursuant to Idaho Code, Section 74-206,Subsection(f)for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 7:27 p.m. Roll call vote. Those voting yes:Callsen,Pollard,Biggers,Feucht,and Ozuna.Those voting no:none. Absent and/or not voting:Hopper. MOTION CARRIED MOVED by Callsen,SECONDED by Biggers to reconvene into Regular Session. BOOK 56 PAGE 85 MOTION CARRIED (ADJOURNMENT) MOVED by Ozuna,SECONDED by Biggers to adjourn at 8:25 p.m. MOTION CARRIED APPROVED AS written THIS 20th DAY OF July ,2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk