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HomeMy WebLinkAbout2015-11-16 City Council Minutes BOOK 56 PAGE 137 SPECIAL MEETING November 16,2015 6:30 P.M. CITY COUNCIL WORKSHOP TO DISCUSS PROPOSED CHANGES TO THE AREA OF CITY IMPACT BOUNDARY. Brian Billingsley,621 Cleveland Boulevard,presented a PowerPoint outlining the proposed adjustments to the area of city impact boundary. He distributed maps to the council members outlining the current discussions being held with the City of Nampa. Mayor Henry and the Nampa City Council have agreed on the proposed changes with a recommendation to move forward with the request to the Canyon County Commissioners. Discussion was held concerning a previous agreement with the City of Nampa about the Area of Impact adjustment from approximately 2004. Mr. Billingsley distributed a draft agreement from Trish Nelson, Canyon County Community Development Services,which simplifies the Area of Impact Agreement between the municipalities and Canyon County. It was recommended that Brian would present the proposed changes to the Canyon County Commissioners for their consideration. The workshop adjourned at 6:52 p.m. No decisions were made or action taken. REGULAR MEETING November 16,2015 7:00 P.M. Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. He reported that a workshop was held at 6:30 p.m.with a presentation from the Planning&Zoning Director concerning proposed changes to the area of impact boundary. No decisions were made or action taken. Pastor Kathy Raines of the United 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 Two members of the Mayor's Youth Advisory Council Executive Council, Kyle Young and Tyler Clemens,reported on their recent trip to the National League of Cities Conference in Nashville,Tennessee and commented on what they gained from attending the conference. Mayor Nancolas expressed appreciation for the attentiveness of the two students when attending NLC workshops or general sessions. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Biggers to add Item 92 under New Business to read. "Approve Resolution authorizing the execution of the Application for Federal Assistance for AIP Project 3-16-0045- 029 FY 2016 for the Caldwell Industrial Airport."and add an Executive Session pursuant to Idaho Code, Section 74-206,Subsection(a)for the purpose of discussing the hiring of a public officer,employee,staff member or individual agent. MOTION CARRIED MOVED by Pollard,SECONDED by Hopper to move Consent Calendar Item 96 to New Business Item 93 to read: "Approve Resolution authorizing contingency funds to be transferred to the Employee Benefit Trust in the amount of$130,672." MOTION CARRIED AUDIENCE PARTICIPATION Nancy Roberts of R&M Steel reported that their company is one of the major sponsors for the Caldwell Bulls and Broncs New Year's Eve Bash. She requested assistance from the Mayor and City Council in finding out why the Canyon County Commissioners in conjunction with the Canyon County Fair staff had cancelled the event. The Mayor stated that contact would be made with the County Commissioners to research this situation and report back to Ms.Roberts. Bill Roose, Representative from Indian Creek Museum,requested that the museum be promoted by the City whenever possible. He presented invitations to the council members concerning an upcoming open house to be held on December 12th from 1 1:00 a.m.to 4:00 p.m. Cynthia Ripke-Kutsagoitz, 322 W. Logan Street, Apt. 103, presented a book to the Mayor entitled "Through the Woods and Over the Hill"written by Bridget C.Cantrell,Ph.D. She inquired about a policy concerning graffiti on commercial signage. The Mayor reported that the Caldwell Police Department has a BOOK 56 PAGE 138 graffiti task force to assist with covering graffiti;however,replacement of signage is the responsibility of the business owner. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on November 2,2015; the Caldwell Traffic Commission Meeting held on November 2, 2015; the Caldwell Historic Preservation Commission meeting held on September 28,2015;the Senior Center Board Meetings held on October 12,2015 and November 9,2015; and the Indian Creek Plaza Committee Meeting held on October 27,2015; 2. Approve acceptance of the 2016 Historic Preservation Commission Meeting Calendar; 3. Approve the Order of Decision for Case No.SUB-15-F05(Voyage Crossing No. I Final Plat); 4. Accept resignation of Julie Yamamoto from the Youth Master Plan Committee; 5. Approve Resolution No. 182-15 adopting a policy concerning service animals allowed in public buildings in accordance with the Americans with Disabilities Act of 1990; 6. Approve Resolution No. 183-15 authorizing contingency funds to be transferred to the Employee Benefit Trust in the amount of$130,672;[MOVED TO NEW BUSINESS ITEM#3] 7. Approve Resolution No. 184-15 authorizing the execution of the financial audit contract with Eide Bailly for the year ended September 30,2015; 8. Approve Resolution No. 185-15 ratifying the Idaho Airport Aid Program Grant Award (IAAP Project#AIP-028)in the amount of$43,740 to match$102,060 from the City of Caldwell; 9. Approve Resolution No. 186-15 authorizing the purchase of a new 2016 Johnston Sweeper BT651 from Cate Equipment in the amount of$271,475 (HGAC Buy Contract#SW04-14)for use by the Street Department; 10. Approve Resolution No. 187-15 authorizing the purchase of a new CB 14B Utility Compactor in the amount of$27,725 and a new 2016 Caterpillar AP255E Paver in the amount of$108,600 from Western States of Meridian (National Joint Powers Alliance)for use by the Street Department; 11. Approve Resolution No. 188-15 authorizing a waiver for the Caldwell Housing Authority for building permit fees for the North End Revitalization District Project at 121 and 125 East Elgin Street; 12. Approve Resolution No. 189-15 to approve the dedication and consideration of a pipe oversize reimbursement to the Caldwell Housing Authority for construction of master planned gravity sewer mainlines from the Caldwell Housing Authority property to the Farmway Regional Lift Station; 13. Approve Resolution No. 190-15 authorizing the purchase of light emitting diode(LED)street lights for FY-2016 LED change-outs in the amount of$152,290; 14. Approve Resolution No. 191-15 authorizing payment to Idaho Power Company for extension of a new electrical power service in the amount of$11,202 to the Veterans Memorial Hall (Carnegie Library)located at 1 101 Cleveland Boulevard. MOVED by Pollard,SECONDED by Biggers to 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 FROM NOVEMBER 2, 2015: CONSIDER DECISION REGARDING THE APPEAL TO THE"INTENT OF ABATEMENT NOTICE"FROM THE CALDWELL PLANNING & ZONING DEPARTMENT CONCERNING THE REMOVAL OF TREES/SHRUBBERY LOCATED WITHIN THE VISION TRIANGLE FOR THE PROPERTY LOCATED AT 814 TRAILSIDE DRIVE, CALDWELL, IDAHO. THE CITY COUNCIL SHALL AFFIRM, WITHDRAW,OR MODIFY THE ORDER TO ABATE) The Mayor explained that the meeting was continued from November 2,2015 due to technical difficulties in connecting with the translator for the appellant via phone. He declared the hearing continued and open. Jarom Wagoner, 621 Cleveland Blvd., acknowledged being previously sworn in. He explained the code enforcement process and the nature of the complaint concerning obstructing the vision triangle at 814 Trailside Drive. The proper process was followed concerning notification of the abatement process. Polish translator for Ms.Lach: Marta Frost of Nampa,Idaho.(The City Clerk swore in Ms.Frost.) Krystyna Lach,814 Trailside Drive,acknowledged being previously sworn and stated her opposition to the abatement notice. Ms. Lach provided a recount of the notices she received from the Code Enforcement Department and her dealings with City staff. She indicated that on October 6, 2015 she went to the Planning&Zoning Office and was not told of the abatement process. She stated that she has lived at the current address for 17 years and was not aware of any rulings concerning landscaping violations on her parcel prior to the recent notifications. She reported that the trees/shrubs provide a sense of security for her as well for a sound barrier from traffic. The cost of each tree is approximately$300-$500. She provided a packet of pictures of the site, which the Mayor labeled as CC-1000, and a packet of materials including a petition,which the Mayor labeled as CC-1001. BOOK 56 PAGE 139 Councilman Feucht asked Ms.Lach for clarification concerning the location of her home on Trailside and Oxbow. Ms.Lach confirmed that Trailside is a street with no outlets but turns on to Oxbow. There is low traffic on the street with mainly inhabits of the subdivision. Ms.Lach mentioned the vision obstruction of a restaurant at the intersection of 10th and Chicago and the intersection of 10th and Cleveland where there is a vision obstruction due to a retail store. (Councilman Biggers left the meeting at 7:55 p.m.due to illness.) In rebuttal, Mr. Wagoner stated that he personally met with Ms. Lach on October 6th and explicitly explained the code enforcement/vision triangle complaint and process which would be followed to remedy the situation. Mr. Wagoner referenced the Caldwell City Code, Chapter 10, Section 07-07 (Vision Triangle)and reported that the code states that trees existing prior to November 18,2002,rather than be removed,may be trimmed to a height at a minimum of 10 feet above the ground or sidewalk. He noted that the appellant reported that the trees were planted in 1998. However,the photograph(dated December 13, 20014)provided to the Council shows that the trees had recently been planted. Therefore,it would be staff understanding that the trees were not there prior to 2002,but if they were,the code requires that they be trimmed to the trunk 10 feet above ground thereby eliminating any site obstruction within that 10 foot area. Councilman Feucht noted that Trailside runs east and west and there is no entrance into Trailside except Oxbow coming in from the south. He asked how the vision triangle applies to this situation. Mr.Wagoner clarified that the vision triangle is not only for vehicles,but applies to pedestrians and cyclists was well. He reported that the complaint originated when an individual in a vehicle could not see a child on the sidewalk that was coming around the corner. Discussion followed concerning the vision triangle requirements within the Caldwell City Code and the Idaho State Code. Councilman Callsen explained that the two intersections mentioned by Ms.Lach(10th&Cleveland and 10th and Chicago)are lighted intersections. There is no safety issue since the light regulates traffic. The Mayor stated that as the City grows,the older neighborhoods may have buildings which were built too close to an intersection.This fact,however,does not eliminate the necessity to make all neighborhoods as safe as possible. The codes issued by the City of Caldwell and the State of Idaho require governmental bodies to insure the safety of pedestrians,bicyclists and motorists. In response to questions from Councilman Callsen,Mr. Orton reported that the State of Idaho code does exclude buildings from the requirement. Trees are also excluded if they are trimmed between 3-10 feet high. Ms.Lach made her closing remarks emphasizing her desire to keep the trees. Councilman Hopper asked if staff had determined which trees would be affected. Mr.Wagoner stated that the 40-foot vision triangle must be cleared. He suggested that possibly those trees could be relocated to other portions of Ms. Lach's property. Staff would be amenable to work with Ms. Lach to this extent. Councilman Callsen asked if there are any exceptions to this ruling. Mr.Wagoner stated that there is no provision for exceptions to the City of Caldwell or Idaho State codes concerning vision triangle standards. In response to questions from Councilamn Feucht, Mr. Wagoner stated that he had reviewed the Idaho statute concerning vision triangles. All the green foliage would need to be removed and only the middle trunk could remain at a height of 10 feet. Foliage could continue beyond the 10-ft.portion. Councilman Hopper asked Mr.Orton if the curb could be modified thereby adjusting the vision triangle. Brent Orton reported that the curb could be adjusted;however,the cost for such revisions would amount to approximately$5,500. Ms.Lach suggested that a mirror be placed on the left side could correct the matter. MOVED by Pollard,SECONDED by Callsen to close the public testimony portion of the hearing. EVIDENCE LIST: The Mayor presented the Evidence List to include the sign-up sheets,the staff report,CC-1000(pictures presented from Krystyna Lach)and CC-1001(petition packet from Krystyna Lach). MOVED by Callsen,SECONDED by Feucht to accept the evidence list as stated. BOOK 56 PAGE 140 MOTION CARRIED FINDINGS OF FACT: MOVED by Callsen, SECONDED by Pollard to accept the findings of fact as outlined within the staff report and the evidence list as presented. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Callsen, SECONDED by Ozuna that public testimony has been heard,the hearing has been properly held and noticed,and City Council has the authority to make a decision in this manner. MOTION CARRIED ORDER OF DECISION: Councilman Callsen prefaced his motion by stating that the comments made by Ms.Lach in her testimony are true. She has a beautiful yard with well maintained trees. The alternatives as discussed within public testimony are cost prohibitive and would put the burden back the City of Caldwell, which should not happen. The choices afforded to Ms. Lach are either to remove the trees or to trim them to 10 feet as specified within the Caldwell City Code and the Idaho State Code. MOVED by Callsen, SECONDED by Pollard that the Caldwell City Council hereby affirms the intent of the abatement notice concerning the removal of the trees/shrubs located within the vision triangle at the property located at 814 Trailside Drive in Caldwell,Idaho due to this being a public safety hazard at this point. Roll call vote: Those voting yes: Callsen, Pollard and Ozuna, Those voting no: Feucht and Hopper. Absent and/or not voting:none. MOTION CARRIED Councilman Callsen stated that his concern is that if there is an accident,the people who could not see due to the vision triangle obstruction could file a lawsuit. If the City of Caldwell does not mandate compliance with the vision triangle law, then the City would be responsible. Currently, as it now stands, the homeowner would be responsible. He expressed concern with this possibility for Ms.Lach. Councilman Hopper directed City staff to work with Ms. Lach concerning this matter and make it as reasonable and aesthetically acceptable as possible. Councilman Feucht concurred with this statement. MOVED by Callsen,SECONDED by Ozuna to close the public hearing. MOTION CARRIED The Mayor declared a short recess. (CONTINUED FROM NOVEMBER 2, 2015: PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA-15-04: A REQUEST BY THE CITY OF CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER 10, THE ZONING ORDINANCE, OF CITY CODE) Jarom Wagoner,621 Cleveland Blvd.,provided the staff report and outlined the contents of the proposed ordinance. The Mayor noted that this proposed legislation had previously been presented to Council within a workshop setting as well as the matter was continued from the November 2nd Council Meeting. This is the final draft of the legislation. MOVED by Feucht,SECONDED by Callsen to close the public hearing. MOTION CARRIED (CONTINUED FROM NOVEMBER 2,2015: CONSIDER BILL NO.25 [ORDINANCE NO.3010] FOR CASE NO. OA-15-04 (CLEAN-UP ORDINANCE) 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 ENACTED BY THE CALDWELL CITY COUNCIL AMENDING VARIOUS ARTICLES, SECTIONS, SUBSECTIONS AND TABLES IN THE "CALDWELL ZONING ORDINANCE,"FOUND IN CHAPTER 10 OF THE CALDWELL CITY CODE;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 Callsen to waive the three reading process and consider Bill No.25 (Ordinance No.3010)on its first reading by title only. BOOK 56 PAGE 141 Roll call vote: Those voting yes: Feucht, Ozuna, Hopper, Callsen and Pollard. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED MOVED by Feucht, SECONDED by Hopper to sponsor Bill No.25 (Ordinance No. 3010),move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Feucht, Ozuna, Hopper, Callsen and Pollard. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED (PUBLIC HEARING]LEGISLATIVE]: A REQUEST BY THE ENGINEERING DEPARTMENT TO ADOPT THE 2015 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION) Brent Orton, 621 Cleveland Blvd., provided the staff report and outlined the contents of the proposed ordinance. In response to questions from Councilman Feucht,Mr.Orton stated that the changes are mandated by the State of Idaho. MOVED by Callsen,SECONDED by Hopper to close the public hearing. MOTION CARRIED (CONTINUED FROM NOVEMBER 2,2015: CONSIDER BILL NO.35 [ORDINANCE NO.3020] AMENDING CHAPTER 4,ARTICLE 17,SECTION 04-17-09[7]AND CHAPTER 13,ARTICLE 3, SECTION 13-03-9[3], FOR THE CALDWELL CITY CODE BY ADOPTING THE 2015 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION, INCLUDING SUPPLEMENTAL SPECIFICATIONS AS THEY RELATE TO PRESSURE IRRIGATION FACILITIES WITH THE CALDWELL MUNICIPAL IRRIGATION DISTRICT AND TO GENERAL PUBLIC AND PRIVATE DEVELOPMENT WITH THE 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 ENACTED BY THE CALDWELL CITY COUNCIL,PURSUANT TO IDAHO CODE § 67-6518, AMENDING CHAPTER 4, ARTICLE 17, SECTION 04-17-09(7), AND CHAPTER 13, ARTICLE 3, SECTION 13-03-09(3),OF THE CALDWELL CITY CODE,BY ADOPTING THE 2015 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION, INCLUDING SUPPLEMENTAL SPECIFICATIONS THERETO, AS THEY RELATE TO PRESSURE IRRIGATION FACILITIES WITHIN THE CALDWELL MUNICIPAL IRRIGATION DISTRICT AND TO GENERAL PUBLIC AND PRIVATE DEVELOPMENT, RESPECTIVELY, BOTH DATED NOVEMBER 2, 2015; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Pollard,SECONDED by Feucht to waive the three reading process and consider Bill No. 35 (Ordinance No.3020)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Feucht, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED MOVED by Pollard, SECONDED by Feucht to sponsor Bill No. 35 (Ordinance No. 3020),move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Pollard, Feucht, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED (CONTINUED BY NOVEMBER 2, 2015: CONSIDER BILL NO. 36 [ORDINANCE NO. 3021] AMENDING CHAPTER 12,ARTICLE 1,SECTION 12-01-01 OF THE CALDWELL CITY CODE BY IMPLEMENTING ADDITIONAL AMENDMENTS TO THE INTERNATIONAL BUILDING, RESIDENTIAL, AND ENERGY CONSERVATION CODES EFFECTIVE JANUARY 1, 2016 WITH THE REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor noted that this item was continued due to a page of the ordinance missing from the agenda packet. Brent Orton, 621 Cleveland Blvd., provided the staff report and outlined the contents of the ordinance noting that the amendments are mandated by the State of Idaho. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 12, ARTICLE 1, SECTION 12-01-01 OF THE CALDWELL CITY CODE BY IMPLEMENTING ADDITIONAL AMENDMENTS TO THE INTERNATIONAL BUILDING, RESIDENTIAL AND BOOK 56 PAGE 142 ENERGY CONSERVATION CODES, AS REQUIRED BY STATE LAW; PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 2016; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF,IN CONFLICT HEREWITH MOVED by Pollard,SECONDED by Hopper to waive the three reading process and consider Bill No.36 (Ordinance No.3 02 1)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Feucht, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to sponsor Bill No. 36(Ordinance No. 3021),move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED (CONSIDER CORRECTED BILL NO.19[ORDINANCE NO.3004]ANNEXING A PORTION OF PROPERTY KNOWN AS SIENNA HILLS SUBDIVISION NO. 3 (INSTRUMENT NO. 2015- 004800) LOCATED WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A 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 ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Feucht to waive the three reading process and consider Corrected Bill No.19(Ordinance No.3004)on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED MOVED by Hopper,SECONDED by Feucht to sponsor Corrected Bill No. 19(Ordinance No.3004),and move for its passage by title only. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO.37(ORDINANCE NO.3022)AMENDING CHAPTER 06,ARTICLE 11, SECTION 06-11-29 BY ADDING REQUIREMENTS TO LICENSING OF TAXICABS OR COMMERCIAL VEHICLE DRIVERS WITHIN THE CITY OF CALDWELL WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) The City Clerk provided the staff report noting that the ordinance amends the requirements for licensing for taxicabs or commercial vehicle drivers to be consistent with the requirements for the door-to-door solicitor's license. This action will assist the Chief of Police in his review of the FBI background check for licensing. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 06, ARTICLE 11,SECTION 06-11-29,BY ADDING REQUIREMENTS FOR LICENSING OF TAXICABS OR COMMERCIAL VEHICLE DRIVERS WITHIN THE CITY; 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 Ozuna to waive the three reading process and consider Corrected Bill No.37(Ordinance No.3022)on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED BOOK 56 PAGE 143 MOVED by Hopper,SECONDED by Feucht to sponsor Corrected Bill No.37(Ordinance No.3022),and move for its passage by title only. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED (APPROVE RESOLUTION NO. 192-15 AUTHORIZING THE EXECUTION OF THE APPLICATION FOR FEDERAL ASSISTANCE FOR AIP ROJECT 3-16-045-029 FY 2016 FOR THE CALDWELL INDUSTRIAL AIRPORT)[Added] Brent Orton,621 Cleveland Blvd,reported that the application submittal deadline was accelerated for this grant due to the design already being in place. The Mayor noted that this amendment to the agenda was necessitated with the information not being available to the City Clerk when the agenda was posted. In order to keep moving forward with the grant opportunity,it is necessary that Council has the opportunity to consider the proposal in a timely manner. Mayor read athe resolution in its entirety: RESOLUTION AUTHORIZING THE EXECUTION OF THE APPLICATION FOR FEDERAL ASSISTANCE FOR AIP PROJECT 3-16-0045-029 FY-2016 FOR THE CALDWELL INDUSTRIAL AIRPORT. BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell,Idaho,that the Caldwell City Council has approved the execution of the Application for Federal Assistance for AIP Project 3-16- 0045-029 FY 2016 for the Caldwell Industrial Airport hereto as set forth in full. MOVED by Hopper,SECONDED by Ozuna to approve Resolution No. 192-15 authorizing the execution of the federal assistance application for AIP Project 3-16-0045-029. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Feucht and Ozuna. Those voting no: none. Absent and/or not voting:Biggers. MOTION CARRIED (APPROVE RESOLUTION NO. 183-15 AUTHORIZING CONTINGENCY FUNDS TO BE TRANSFERRED TO THE EMPLOYEE BENEFIT TRUST IN THE AMOUNT OF $1309672) [Moved from the Consent Calendar to New Business] Councilman Hopper disclosed the fact that he currently works for a health insurance company but there is no conflict since the City of Caldwell is a self-funded insurance program. E1Jay Waite, 411 Blaine,reported to the proposed resolution. He noted that the audit of the Employee Benefit Trust has been completed. Within the audit,the expenses exceed the revenues in 2015 by$340,000 due to the fact that the cash reserves have been reduced within the health trust fund. In accordance with mandates by the State of Idaho,the trust must have sufficient funding to pay outstanding claims as well as three months of revenues in reserve. He stated that the trustees determined to request contingency funds for one-half of the total amount needed($130,672)to offset the expenses. The fund will be observed for the next few months to determine if the trend of higher health costs will continue. Councilman Pollard inquired if there will be an increase in premiums for the employees. Mr.Waite responded that there has been a significant increase nationwide in health care costs over the past few years. It appears that higher contributions will be mandatory in the future. The Mayor expressed his concern with the rising cost of health care;however,he stated his support of the City's wellness program and how employees are encouraged to partake in a regular physical fitness program. Mayor read the resolution by title only: RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO APPROVE THE TRANSFER OF CONTINGENCY FUNDS TO THE CITY OF CALDWELL EMPLOYEE BENEFIT PLAN TRUST IN THE AMOUNT OF$130,672 FOR THE PLAN YEAR 2014-2015. MOVED by Pollard,SECONDED by Callsen to approve Resolution No. 183-15 and authorize the transfer of funds. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Feucht reported that the Finance Committee has reviewed current accounts payable in the amount of$2,245,534.03 for the period ending November 11, 2015 and net payroll in the amount of $297,532.92 for the longevity pay on October 30,2015. BOOK 56 PAGE 144 MOVED by Feucht, SECONDED by Hopper that accounts payable in the amount of $2,245,534.03 represented by check numbers 112706 through 113125 and payroll for the total amount of$297,532.92 represented by check numbers 28950 through 29071 and payroll direct deposits, be accepted, payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard reminded everyone of the Winter Wonderland event on November 201h and announced that TRIAD will be hosting the lost and found booth. Councilman Callsen reported that the Mayor's Youth Advisory Council needs volunteers to assist them in ringing bells for the Salvation Army. They will be ringing every Friday after Thanksgiving until Christmas at the Caldwell Wal-Mart location from 4:00 p.m.to 8:00 p.m. He also reported on the committee's process for interviewing the candidates for the Chief of Police position and stated his support for the procedure that was followed. Councilman Hopper expressed his appreciation for those who helped organize the Veteran's Day ceremony at the Veterans Memorial Hall. It was well attended and a very meaningful program. Councilwoman Ozuna reported that she provided the welcome at the Community Prayer Breakfast organized by Love Caldwell and held on November 14th at Canyon Hill Nazarene. Governor Otter was the guest speaker. It was a very attended event. Councilman Feucht expressed his support for this year's College of Idaho football season and noted his disappointment in the lack of coverage of the games from the Idaho Statesmen Newspaper. He will be out of town on December 14th for a family reunion. (MAYOR'S COMMENTS) The Mayor reported on the recent National League of Cities Conference he attended in Nashville,Tennessee. pcoming Events. • College of Idaho vs.Northwest Nazarene-Mayor's Cup Tournament game on November 241h • Teaching session with College of Idaho students on November 18th. (Council members invited to participate.) • Winter Wonderland—November 201h at 6:00 p.m.in downtown Caldwell. Lighting ceremony at 7:30 p.m. He explained that a tree has been planted at the Indian Creek site this year so it will take some time to grow. • Thanksgiving—City Hall will be closed on Thanksgiving and the following day(November 26&27) EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (A) FOR THE PURPOSE OF DISCUSSING THE HIRING OF A PUBLIC OFFICER, EMPLOYEE, STAFF MEMBER OR INDIVIDUAL AGENT." MOVED by Pollard, SECONDED by Callsen to convene into Executive Session pursuant to Idaho Code, Section 74-206,Subsection 1(a)to discuss the hiring of a public officer,employee,staff member of individual agent at 9:48 a.m. Roll call vote. Those voting yes:Pollard,Feucht,Ozuna,Hopper and Callsen. Those voting no:none. Absent and/or not voting:Biggers. MOTION CARRIED MOVED by Callsen,SECONDED by Biggers to reconvene into Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper,SECONDED by Feucht to adjourn at 10:05 p.m. MOTION CARRIED BOOK 56 PAGE 145 APPROVED AS written THIS 7" DAY OF December ,2015. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk