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HomeMy WebLinkAbout2016-09-06 City Council Minutes BOOK 57 PAGE 146 SPECIAL CITY COUNCIL MEETING WORKSHOP September 6,2016 6:00 P.M. (WORKSHOP FOR THE PURPOSE OF DISCUSSING THE CITY'S WELLNESS DISCOUNT PROGRAM AND PROPOSED AMENDMENTS TO THE CALDWELL ZONING ORDINANCE LOCATED IN CHAPTER 10 OF THE CALDWELL CITY CODE) The Mayor called the workshop to order at 6:00 p.m. Present: Callsen,Pollard, Stadick,Allgood,and Hopper(arrived at 6:10 p.m.) Absent: Ozuna Monica Jones, 411 Blaine Street, provided handouts concerning the City's wellness discount program. She outlined its provisions and addressed questions. Jarom Wagoner,621 Cleveland Blvd,outlined the contents of the proposed ordinance pertaining to amendments to the Caldwell Zoning Ordinance. The workshop adjourned at 6:47 p.m. No decisions were made or action taken. REGULAR MEETING September 6,2016 7:00 P.M. Mayor Nancolas opened the meeting and welcomed those in attendance. He noted that a Special Meeting of the Caldwell City Council was held at 6:00 p.m. where discussion was held about the City's wellness discount program and proposed amendments to the Caldwell Zoning Ordinance (Chapter 10)of the Caldwell City Code. The workshop was for information purposes only and no decisions were made. Tom Wedeven of New Life Bible Fellowship 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, Stadick,Allgood, Ozuna,and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen, SECONDED by Stadick to amend the agenda by correcting Item 47 under the Consent Calendar to read: ". . .purchase of one new fire engine" and correct Item#25 to read: ". . . effective October 1, 2016 to September 30,2017". MOTION CARRIED MOVED by Stadick, SECONDED by Pollard to move Consent Calendar Item 412 to New Business [Item 46(a)] for further discussion. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meeting held on August 15, 2016; Caldwell Golf Board Meeting held on June 15, 2016; the Caldwell Impact Fee Advisory Committee Meeting held on August 8, 2016; the Caldwell Historic Preservation Commission Meetings held on May 11, 2016 and June 22, 2016; and the Caldwell Pathways and Bike Routes Committee Meeting held on June 21,2016; 2. Approve Resolution 177-16 authorizing the declaration of public surplus property for equipment, furniture, printers, computers, and vehicles from the Library, Police Department, Information Technology Department,and Caldwell Event Center; 3. Approve the Order of Decision for Case No. SUB-16F-04(Delaware Park No.2 Phase 3 Final Plat); 4. Approve the Order of Decision for Case No.ZON-15-02/APP-16-02/SUB-16P-01 (Canyon Crossing); BOOK 57 PAGE 147 5. Set the public hearing date to consider amendments to Ordinance No. 3014 (Appropriation Ordinance for FY-2015-16) at the next Regularly Scheduled City Council Meeting to be held on Monday, September 19,2016 at 7:00 p.m.; 6. Approve Resolution 176-16 authorizing the approval of amendments and revisions made to the City of Caldwell Records Policy; 7. Approve Resolution 178-16 authorizing the purchase of one new fire engine for Station 43 at a cost not to exceed$636,500/each; 8. Approve Resolution 179-16 authorizing the purchase of a Hotsy Hot Water Heater in the amount of $10,855.50 for the Wastewater Treatment Plant; 9. Approve Resolution 180-16 authorizing the purchase of a 2016 Chevrolet 1500 Silverado Pick-up in the amount of$23,924 for the Building Department; 10. Approve Resolution 181-16 authorizing the execution of the Professional Services Agreement with Elizabeth McNannay doing business as Resource Consultants for CDBG Program Administration in the amount of$24,600 for the period of October 1,2016 ending September 30,2017; 11. Approve Resolution 182-16 accepting the Warranty Deed from Gary L. Morgan and James P. & Theresa C. Washburn for property located on the southerly corner of North Kimball Avenue and Albany Street; 12. Approve Resolution authorizing the execution of the Agreement Regarding Animal Shelter with the West Valley Human Society effective September 1, 2016 through August 31, 2017; [MOVED TO NEW BUSINESS] 13. Approve Resolution 183-16 authorizing the execution of the Idaho Internet Crimes Against Children Task Force Memorandum of Understanding; 14. Approve Resolution 184-16 to accept an agreement with American Mechanical Corporation in the amount of$34,014 for HVAC improvements at the Robert Recreation Building; 15. Approve Resolution 185-16 accepting an Easement from Corey Barton for an offsite sewer main for sewer from Corey Barton for Delaware Park Subdivision No.2,Unit No.4; 16. Approve Resolution 186-16 accepting an Easement from Corey Barton for an offsite pressure irrigation main line for irrigation service to Delaware Park Subdivision No.2,Unit No.4; 17. Approve Resolution 187-16 accepting an Avigation and Noise Easement from Corey Barton for Delaware Park Subdivision No.2,Unit No.4; 18. Approve Resolution 188-16 accepting an Easement from Corey Barton for offsite sewer mainlines for Delaware Park Subdivision No 2,Unit 3; 19. Approve Resolution 189-16 accepting the Award of Bid with Big Bite Excavation for re-paving the existing yard at the Parks Department in the amount of$77,508; 20. Approve Resolution 190-16 authorizing the purchase of a 2016 Crafco SS250D Crackfiller for the Street Department in the amount of$42,638; 21. Approve Resolution 191-16 authorizing the purchase of a new 2016 Volvo Compactor Roller for the Street Department in the amount of$124,513; 22. Approve Resolution 192-16 authorizing the dedication of sewer, water, storm drain, and street light facilities from Westpark Company for the Castle Peak No.3 Subdivision; 23. Approve Resolution 193-16 authorizing the dedication of sewer, water, and street light facilities from Challenger Development,Inc.,for the Sawgrass Village No.2 Subdivision; 24. Approve request for transfer of the Alcohol Beverage License (liquor,beer,wine)as recommended by the City Clerk for Roots and Company, LLC at the location known as 508 Main Street (Corral Lounge); 25. Approve Resolution 194-16 authorizing the execution of an Independent Contractor Agreement with Ken Wien effective October 1,2016 to September 30,2017; 26. Approve Resolution 195-16 accepting the proposal from Caldwell Hospitality Group, LLC to develop a hotel on the former Saratoga site and surrounding properties in downtown Caldwell and direct staff to negotiate the development agreement for Council's consideration at a future meeting. MOVED by Pollard,SECONDED by Allgood to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED OLD BUSINESS (CONTINUED PUBLIC HEARING: [QUASI-JUDICIAL]: CASE NO. ZON-16-04/PUD-16P-01: A REQUEST BY FRED OLIVER AND AWND PROPERTIES, INC. FOR A COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL WITH A REZONE OF 18.2 ACRES, MORE OR LESS, FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL)AND DEVELOPMENT AGREEMENT, A PLANNED UNIT DEVELOPMENT OF 33 FOUR-FAMILY DWELLING UNITS AND 12 TWO-FAMILY DWELLING UNITS WITH A PRELIMINARY PLAT APPROVAL OF CEDAR CROSSING #3 CONSISTING OF 45 RESIDENTIAL LOTS AND 11 COMMON LOTS. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1,000 FEET SOUTH OF KARCHER ROAD, ON THE EAST SIDE OF FLORIDA AVENUE, IN CALDWELL, IDAHO [PARCEL#R32822-011]) The Mayor declared the continued public hearing open. Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in. He stated that the traffic mitigation issue was researched to verify the charges for this item. The amount of approximately $50,000 was deemed as correct. BOOK 57 PAGE 148 In response to questions from Councilman Hopper,Mr.Wagoner noted that a recent meeting was held with ITD concerning improvements to the intersection. The intersection has been classified as a Level F indicating that the traffic waiting period is at its maximum. Development would increase the traffic flow at a rate of approximately eight percent. Staff is working with ITD concerning options for the intersection. Robb MacDonald reported that COMPASS has indicated that a signalized intersection at Florida would transpire in 2019 or 2020. The ITD plan includes stop lights at every mile along the corridor with u-turn traffic options in between the signals. Mayor Nancolas clarified that Level F indicates the traffic flow needs review;however,it does not indicate a non-functioning traffic situation. Discussion followed concerning the u-turn type of traffic options. MOVED by Pollard, SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.ZON-16-04/PUD-16P-01: The Mayor presented the Evidence List: staff report, sign-up sheets, aerial map, and CC-1000 (document from Givens Parsley); CC-1001 (PowerPoint presentation from John Rennison of Rennison Engineering); CC-1002 (Flyover presentation from Rennison Engineering); CC-1003 (Letter from Darryl Perlin); and CC-1004(Petition in Opposition from Erika Magallon). MOVED by Hopper, SECONDED by Stadick to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-16-04: MOVED by Hopper, SECONDED by Ozuna to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO.ZON-16-04: MOVED by Hopper, SECONDED by Ozuna 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 all City ordinances, codes and policies were used in reviewing the application, the development sits within a transition area on Florida between a commercial zoned property as well as a residential(R-1 single family) zoned property thereby noting that the situation requires a buffering aspect to create an appropriate transition area between the two zones. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON-16-04: MOVED by Ozuna, SECONDED by Allgood 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-16-04: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case Number ZON-16-04 a request by Fred Oliver and AWND Properties, Inc. for a Comprehensive Plan Map Change from Low Density Residential to Medium Density Residential and a rezone of 18.2 acres, more or less from R-1 (Low Density Residential) to R-2 (Medium Density Residential), with a Development Agreement, for the property located approximately 1,000 feet south of Karcher Road, on the east side of Florida Avenue (Parcel 4 R32822-011) in Caldwell, Idaho is approved with the conditions of approval as outlined within the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no:none. Absent and/or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.PUD-16P-01: MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in the staff report under roman number X. Roll call vote. Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. Those voting no:none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO.PUD-16P-01: BOOK 57 PAGE 149 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 all City ordinances, codes and policies were used in reviewing the application, and the PUD meets City standards for the development. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.PUD-16P-01: 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.PUD-16P-01: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. PUD-16P-01 a request by Fred Oliver and AWND Properties, Inc. for a Planned Unit Development of 33 four-family dwelling units and 12 two-family dwelling units with a Preliminary Plat approval of Cedar Crossing 43 consisting of 45 residential lots and 11 common lots for the property located approximately 1,000 feet south of Karcher Road, on the east side of Florida Avenue, in Caldwell, Idaho (Parcel 4 R32822-011) is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no:none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to close the public hearing. MOTION CARRIED The Mayor outlined the appeal process noting that the exparte provision stipulates that no contact may be made with members of City Council during the appeal period. CONSIDER BILL NO. 34 (ORDINANCE NO. 3060) FOR CASE NO. ZON-16-04 (CEDAR CROSSING 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 its 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 R-2 (MEDIUM DENSITY RESIDENTIAL)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. 34 (Ordinance No.3060)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Pollard, SECONDED by Allgood to sponsor Bill No. 34 (Ordinance No. 3060), move for its passage by title only,and approve the summary for publication. Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (PUBLIC HEARING: FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF AMENDMENTS TO THE CALDWELL CAPITAL IMPROVEMENT PLAN AND AMENDMENTS TO THE CALDWELL IMPACT FEES FOR PARKS, FIRE, AND POLICE PURSUANT TO IDAHO CODE, SECTION 67-8206. THE AMENDED IMPACT FEES WOULD BE ASSESSED AGAINST NEW RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT) E1Jay Waite, 411 Blaine Street, provided an outline of the proposed increases to the Caldwell Impact Fees for parks, fire, and police. He reported that a resolution will be brought forward at the next Regularly Scheduled City Council Meeting for consideration of the fees as presented at tonight's public hearing. Discussion followed. MOVED by Hopper, SECONDED by Ozuna to close the public hearing. MOTION CARRIED BOOK 57 PAGE 150 NEW BUSINESS (PUBLIC HEARING: [QUASI-JUDICIAL]: CASE NO. APP-16-03: A REQUEST BY ROBERT MUSE TO APPEAL THE HEARING EXAMINER'S APPROVAL OF CASE FILE # SUP-16-07, FOR A SPECIAL-USE PERMIT TO OPERATE A BAIL BONDS USE WITHIN THE C-C (CITY CENTER) ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT 921 CLEVELAND BOULEVARD IN CALDWELL,IDAHO) The Mayor outlined the public hearing process and declared the public hearing open. The City Clerk swore in those who would be providing public testimony. Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report as written. He noted that the hearing examiner had recommended approval of the request with three conditions of approval: 1)Compliance with all applicable city codes,ordinances,policies and standards;2) Improve Cleveland Blvd., and 10"' Avenue abutting the site to meet the Downtown Streetscape requirements; and 3)All local, state, and federal rules and regulations shall be adhered to in the operation of the facility. Mr. Wagoner reported that the appeal was filed by the adjacent business owner, Robert Muse,who operates a motorcycle shop at 322 South 101'Avenue. In response to questions from Mayor Nancolas, Mr. Wagoner stated that the appeal was relative to the special use permit in general. In response to questions from Councilman Allgood, Mr. Wagoner stated that the special use permit was approved on July 12,2016. Robert Muse, 322 South 101' Street, acknowledged being sworn in and spoke in opposition to the special use permit being approved. He reported that he did not receive any notification concerning the initial special use permit nor did the notification appear on the subject property. He expressed concern that the tenants of the building located did not receive any notification of the original special use permit. He recommended that the hearing be re-noticed and heard again. In response to questions from Mayor Nancolas, Mr. Wagoner that the file provides evidence that the site was posted of July 30, 2016 and the property owners located within 300 feet of the subject property were notified pursuant to the Idaho Code and the City of Caldwell Code. Aaron Seable, City Attorney at 1303 121'Avenue Road,Nampa reported that Idaho Code 67-6512 outlines the process of the hearing notices being sent to property owners. Councilman Allgood asked if the property owner discussed the new development with Mr.Muse. Mr. Muse stated that he had not heard anything about the hearing and that the owner is a bank located in the state of Washington. He expressed concern about the bail bond business being located near his family- owned motorcycle business. Discussion followed concerning Mr. Muse's own bail bond business and his use of signage to advertise the business. Mr. Muse responded that his only advertisement is located on a Valley Ride bus bench and that he does not conduct the bail bond business out of the business located at 322 South 101'Street. Kevin Elliott, Representative of Mr. Bail at 7005 W. Fairview, Boise acknowledged being sworn in. He clarified that people do not bring guns into the business. He provided a picture of Mr. Muse's trailer located at the motorcycle business with bail bond signage on the trailer(arrow) and another picture where the arrow had been covered. The Mayor labeled the pictures as CC-1000 and CC-1001. Mr. Elliott reported that exhibit CC-1001 was taken on June 23, 2016 showing the arrow and CC-1000 was taken on September 4, 2016 showing tape across the arrow. Mr. Elliott also provided a letter from a local business in Boise (Shear Madness Barber Shop) who has been the next door neighbor to Mr. Bail at the 7007 Fairview site for the past two years. The Mayor read the letter into the record. In rebuttal,Mr. Muse stated that the signs were made in 2006 in association with another organization he is affiliated with. He clarified that he does conduct business at the motorcycle shop site at 322 South 101' Street but rather at the jail or his client's home. There are no violations with having his trailer on site. In response to questions from Councilman Callsen as to Mr. Muse's objection to Mr. Bail business being located at 316 South 101' Street, he stated that he does not desire bail bond clientele next to his family- owned business. MOVED by Callsen, SECONDED by Ozuna to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. APP-16-03: The Mayor presented the Evidence List: staff report, sign-up sheets, and CC-1000 (picture dated June 23, 2016 provided by Mr. Elliott), CC-1001(picture dated September 4, 2016 provided by Mr. Elliott), CC- 1002(Letter from Jac Cramer of Shear Madness Barber Shop provided by Mr.Elliott). BOOK 57 PAGE 151 MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. APP-16-03: MOVED by Hopper, SECONDED by Ozuna to accept the general facts as outlined in the staff report, the facts of the previous approval by the Hearing Examiner,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-16-03: 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. APP-16-03: MOVED by Callsen, SECONDED by Pollard based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case Hearing Examiner's approval of Case File # SUP-16-07 to allow the operation of a Bail Bonds Facility within the C-C(City Center)Zoning District for the property located at 316 S. 101'Avenue in Caldwell,Idaho be upheld with the conditions as outlined within the staff report. Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Ozuna, SECONDED by Stadick to close the public hearing. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA-16-04: 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., acknowledged being sworn in and outlined the contents of the proposed ordinance as written. He noted that the APO(2)zone restrictions have been removed noting that the building code addresses items within the APO(2)zone document. Councilman Hopper reported on the original intent for the APO (2) document being associated with construction standards. It was recommended by Mayor Nancolas that Mr. Wagoner meet with the City Attorney Mark Hilty, the Building Official and the Airport Manager concerning this matter and report back his findings back to City Council. MOVED by Hopper, SECONDED by Callsen to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on September 19,2016. MOTION CARRIED (CONSIDER BILL NO. 39 [ORDINANCE NO. 3065] FOR CASE NO. OA-16-04 (2016 ZONING ORDINANCE UPDATE) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) This item was continued to the next Regularly Scheduled City Council meeting on September 19, 2016 in association with the continued public hearing. (CONSIDER BILL NO.45 [ORDINANCE NO.3071] FOR ANNEXATION OF CASTLE PEAK NO. 3 SUBDIVISION (INST. NO. 2016-019166) 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 its 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 Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 45 (Ordinance No. 3 07 1)on its first reading by title only. BOOK 57 PAGE 152 Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Stadick, Allgood, and Ozuna. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Hopper, SECONDED by Stadick to sponsor Bill No. 45 (Ordinance No. 3071) and move for its passage by title only. Roll call vote: Those voting yes: Hopper, Callsen,Pollard, Stadick, Allgood, and Ozuna. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (CONSIDER BILL NO. 46 [ORDINANCE NO. 3072] FOR ANNEXATION OF SAWGRASS VILLAGE NO. 2 SUBDIVISION [INST. NO. 2016-026558] 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 its 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. 46 (Ordinance No.3072)on its first reading by title only. Roll call vote: Those voting yes: Pollard, Stadick,Allgood, 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. 45 (Ordinance No. 3071) and move for its passage by title only. Roll call vote: Those voting yes: Pollard, Stadick,Allgood, Ozuna,Hopper, and Callsen. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (CONSIDER BILL NO. 42 [ORDINANCE NO. 3068] FOR ANNEXATION OF CUMBERLAND SUBDIVISION NO. 3 [INST. NO. 2016-019640] 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 its 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 Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 42 (Ordinance No.3068)on its first reading by title only. Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED MOVED by Callsen SECONDED by Allgood to sponsor Bill No. 42 (Ordinance No. 3068) and move for its passage by title only. Roll call vote: Those voting yes: Callsen,Pollard, Stadick,Allgood, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting:none. MOTION CARRIED (APPROVE RESOLUTION 196-16 AUTHORIZING THE EXECUTION OF THE AGREEMENT REGARDING ANIMAL SHELTER WITH THE WEST VALLEY HUMAN SOCIETY EFFECTIVE SEPTEMBER 1,2016 THROUGH AUGUST 31,2017) Councilman Stadick reported on recently attending the Canyon County budget hearings where there was opposition and concern expressed about the operation and procedures of the West Valley Human Society (WVHS). BOOK 57 PAGE 153 Discussion followed concerning other possible future options. Councilman Stadick expressed concern about the amount owed to the City by WVHS. Mayor Nancolas reported that Mr.Waite is working to resolve this matter with CPD and WVHS. MOVED by Pollard, SECONDED by Hopper to approve the resolution with the provision that the shelter provide the City with copies of the minutes of the meeting in which the contract was approved by the full board and a copy of the shelter's bylaws. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the amount of$2,991,608.19 for the period ending August 31, 2016,net payroll in the amount of$298,779.88 for the pay period ending on August 6, 2016, and a net payroll of$307,274.57 for the pay period ending August 26,2016. MOVED by Pollard, SECONDED by Hopper that accounts payable in the amount of $2,991,608.19 represented by check numbers 118249 through 118733 and payroll for the total amount of$298,779.88 and $307,274.57 represented by check numbers 30178 through 30250 and payroll direct deposits,be accepted, payment approved,and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Ozuna reported on upcoming events: • Annual Youth Forum to be held on September 14'h at The College ofldaho. • Compassion Caldwell to be held on Saturday, September 1Ph at Canyon Springs Academy. • Open house at the Caldwell Library on October 11'h Councilman Allgood reported on the Airport Commission and that 146 tie downs were accidently paved over when the apron was resurfaced. Councilman Stadick reported on the activity of the Caldwell Veterans Council participating in the rodeo by feeding the cowboys one evening. A Veteran's Day program is being planned at the Veterans Memorial Hall. (MAYOR'S COMMENTS) The Mayor reported on the success of the Caldwell Night Rodeo with full attendance each evening. The Department of Agriculture has recently reopened their office in Caldwell. A 40-year anniversary celebration of the Caldwell Senior Citizen Center was held on August 20,2016. The Mayor provided an update on the construction of the new theater at Trolley Square. There have been delays on the project due to DEQ requirements. Those issues are being addressed. The property at 91h Avenue and Albany has been purchased by the City for future use. The Mayor provided an update on the "High Five Grant" (sponsored by St. Luke's and Blue Cross). The City of Caldwell is of the finalist addressing safe routes to schools/walking paths. The Mayor reported on the success of The College of Idaho first home game held on September 3rd Gabiola Field was utilized in conjunction with the game. The grand opening of the Wa1Mart Neighborhood Store on 10"'&Ustick was well attended. Upcoming events: • September 10, 2016: Compassion Caldwell • September 17, 2016: Indian Creek Festival in Downtown Caldwell • September 17, 2016: Community Heroes Meet& Greet at Brother's Park (ADJOURNMENT) MOVED by Stadick, SECONDED by Hopper to adjourn at 9:11 p.m. MOTION CARRIED APPROVED AS written THIS 19TH DAY OF September 2016. BOOK 57 PAGE 154 Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk