Loading...
HomeMy WebLinkAbout2018-08-20 City Council Minutes Regular MeetingBOOK 59 PAGE 114 REGULAR MEETING Caldwell City Council Monday, August 20, 2018 7:00 P.M. Mayor Nancolas opened the meeting and welcomed those in attendance. Reverend Tracy Strawn of Caldwell Christian Center 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. AUDIENCE PARTICIPATION Cynthia Ripke-Kutsaguitz, 3523 East Linden Street, Apt. #305, expressed her appreciation to the City of Caldwell leadership. She reported that she would be relocating to the State of Washington for a period of time. She provided information concerning President Trump’s visit to the City of Linden, Washington in 2016 as well as articles about the effects of marijuana. She stated her opposition to marijuana and requested that City Council oppose its legalization. Mayor Nancolas expressed appreciation to Ms. Ripke-Kutsaguitz for her involvement within the community during the time of her residency within Caldwell. Jeffrey Noble, 19474 Top Road, reported that he returned to the Caldwell area to assist with family matters. He expressed his concern with the rise of drug issues within Canyon County and the City of Caldwell along with the shortage of police officers to help control the problem. He reported that he has viewed vehicles driven by drug cartel cruising within neighborhoods. He questioned why funding has been appropriated to the beautification of Caldwell but an inadequate amount of funding being appropriated to address the drug problem. He currently cares for his grandmother at 1521 Willow Street and noted that she is fearful of leaving her home because of an escaped detainee who was found in her yard. Mayor Nancolas encouraged Mr. Noble to speak with Chief Wyant about his concerns and explained that approximately 70% of available safety services funding is appropriated to the Caldwell Police Department and the remaining 30% is appropriated to the Caldwell Fire Department. CONSENT CALENDAR [All Consent Calendar items are action items] 1. Approve the minutes of the Regularly Scheduled City Council Meeting held on Au gust 6, 2018; the Caldwell Youth Forum Subcommittee Meetings held on November 21, 2017, January 9, 2018, March 13, 2018 and May 8, 2018; the Caldwell Industrial Airport Commission Meeting held on August 2, 2018; and the Caldwell Senior Center Special Board Meeting held on July 18, 2018; 2. Approve the Order of Decision for Case No. PUD-18P-01 (Arbor Subdivision); 3. Approve the Order of Decision for Case No. ANN -18-04/SUB-18P-04 (Adams Ridge Subdivision); 4. Approve appointment of ElJay Waite to the Audit Committee for a term to expire December 31, 2020; 5. Approve request from Vallivue Middle School to waive the $75 permit fee associated with the Vallivue Middle School Cross Country Invitational to be held at Whittenberger Park on September 13, 2018; 6. Approve request from AARP Foundation Tax-Aide to waive the deposit fee, building rental fee, and table and chair rental fee for the Caldwell Train Depot to provide free tax preparation services to the community during the tax season from February through April 2019; 7. Approve request from the Canyon County Abatement District to waive the Mallard Park all -day shelter rental fee of $75 associated with an employee end-of-season appreciation barbeque event; 8. Approve Resolution No. 224-18 ratifying the execution of the Memorandum of Understanding between the City of Nampa, City of Caldwell, and Canyon County regarding the 2018 Bryne Justice Assistance Grant (JAG) Program CFDA #16.738 in the amount of $23,426.00; 9. Approve Resolution No. 225-18 authorizing the execution of a Managed IT Support Addendum with ORION Integration Group effective September 1, 2018; 10. Approve Resolution No. 226-18 authorizing the execution of an Agreement for Automotive Repair and Maintenance Services with Roger’s Wheel Alignment & Tire Co., Inc. for Caldwell Pol ice Department vehicles; 11. Approve Resolution No. 227-18 authorizing the submittal of the FY-2018 City of Caldwell Special Tax Assessments for Weed Abatement to the Canyon County Auditor’s Office; 12. Approve Resolution No. 228-18 authorizing the purchase of a 2018 CPMG Durapatcher P2-Trailer for the Street Department from Metroquip, Inc. in the amount of $67,500.00; BOOK 59 PAGE 115 13. Approve Resolution No. 229-18 authorizing the purchase of a 2018 John Deere 210L Tractor Loader for the Street Department through a Joint Purchase Association (NJPA) in the amount of $83,551.80; 14. Approve Resolution No. 230-18 accepting the bid and authorizing the execution of an Agreement with Barrett Site & Underground, LLC for the W astewater Treatment Plant South Lagoon Upgrades 2018 Project in the amount of $72,850.00; 15. Approve Resolution No. 231-18 accepting the Dedication of water, gravity irrigation, and pressure irrigation main lines from Fresca Mexican Foods, LLC as part of the Fresca Mexican Foods Project; 16. Approve Resolution No.232-18 accepting an Agreement for Deferral of Public Improvement Construction Regarding Individual Lot Development with James and Patricia Gibson regarding property located at 15885 and 15903 Karcher Road; 17. Approve Resolution No. 233-18 accepting an Easement for pressure irrigation main lines from Sky Ranch Real Estate, LLC for Fresca Mexican Foods; 18. Approve Resolution No. 234-18 accepting an Easement with the Hulme/Maude Family for property located immediately north of the Wastewater Treatment Plant for construction and mai ntenance of a sampling station at the site; 19. Approve Resolution No. 235-18 accepting an Agreement for Deferral of Public Improvement Construction Regarding Individual Lot Development with McClellan Dawn Enterprises, LLC regarding frontage property along Indiana Avenue. MOVED by Pollard, SECONDED by Hopper to approve the Consent Calendar as printed. 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 ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 50-1002 FOR CONSIDERATION OF THE PROPOSED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019. Carol Mitchell, City Finance Director at 411 Blaine Street, by outlined the contents of the budget, noting that staff has worked several months on the budget to include City Council public workshops. She noted that no changes have been made to the tentative budget as presented on August 6, 2018. City of Caldwell Proposed Budget FY 2019 Appropriated FUND Expenditures General Fund $25,844,560 Caldwell Events Center Fund 229,049 Library Fund 997,815 Street Fund 10,566,089 Airport Fund 729,369 Recreation Fund 1,943,643 Liability Ins Fund 374,603 CDBG/HUD Fund 657,374 Cemetery Fund 277,948 Cemetery Capital Imp Fund 20,000 Cemetery Perp Care Fund - Economic Development Fund 278,300 H.U.D. Fund (Remaining) - Local Improvement District - General Obligation Bonds - Debt Service Funds - Capital Improvement Fund 785,615 Capital Reserve Fire (GF) 165,000 Park Impact Fee Fund 205,504 Police Impact Fee Fund 488,215 Fire Impact Fee Fund 842,000 Golf Fund 1,238,343 Water Fund 6,472,063 Sewer Fund 22,030,021 Sanitation Fund 4,028,642 Street Lighting Fund 662,162 Irrigation Fund 2,028,121 Employee Health Care Plan Trust 3,299,539 HRA VEBA Post-Retirement Fund 45,250 BOOK 59 PAGE 116 Employee LTD Insurance Fund 24,317 Employee Flexible Spending Fund - Agency/Donations Fund 48,050 TOTAL Expenditures $84,281,591 FY 2019 Appropriated Non- Property Tax FUND Revenue General Fund $10,479,520 Caldwell Events Center Fund 237,600 Library Fund 292,192 Street Fund 5,710,817 Airport Fund 529,816 Recreation Fund 1,351,378 Liability Ins Fund 375,603 CDBG/HUD Fund 657,374 Cemetery Fund 183,498 Cemetery Capital Imp Fund 11,000 Cemetery Perp Care Fund 29,665 Economic Development Fund 219,000 H.U.D. Fund (Remaining) - Local Improvement District 98,405 General Obligation Bonds - Debt Service Fund - Capital Imp Fund 130,077 Capital Reserves Fire 175,000 Park Impact Fee Fund 550,000 Police Impact Fee Fund 60,517 Fire Impact Fee Fund 246,776 Golf Fund 1,239,862 Water Fund 5,528,884 Sewer Fund 10,157,809 Sanitation Fund 4,098,999 Street Lighting Fund 589,083 Irrigation Fund 1,461,947 Employee Health Care Plan Trust 3,490,579 HRA VEBA Post-Retirement Fund 141,525 Employee Life & LTD Insurance Fund 24,317 Employee Flexible Spending Fund - Agency/Donations Fund 52,730 TOTAL Other Revenue $48,123,973 FY 2019 Appropriated Property Tax FUND Revenue General Fund $12,944,088 Library Fund 705,623 Street Fund 2,020,507 Airport Fund 140,109 Recreation Fund 622,838 Cemetery Fund 116,698 General Obligation Bonds - Capital Imp Fund 364,420 TOTAL Property Tax Revenue $16,914,283 TOTAL All Revenue $65,038,256 Use of Fund Balance, R.E. or Balance Sheet Changes $19,243,335 Revenue to meet Expenditures $84,281,591 BOOK 59 PAGE 117 Debbie Swanson 2717 Willow Falls Avenue, reported that she has lived in Caldwell since 1994. She questioned the content of the FY-2019 proposed budget and how the budget and the Urban Renewal Agency affects the increase of her property taxes in particular. Ms. Swanson noted that they purchased their home in 2008 for $268,000 and paid approximately $5,600 last year in property taxes. Her current assessed value is at $408,000 before the homeowner’s exemption is applied. Th ey are a one-income family and are concerned about the amount of their budget going towards property taxes. She contacted City Hall but could not acquire a copy of the budget prior to the public hearing nor was she aware of the budget workshops prior to the public hearing. Mayor Nancolas addressed concerns expressed by Ms. Swanson and infor med her of the budget workshops and presentations made at Caldwell Chamber of Commerce Luncheons each year, noting that the public is always encouraged to attend. He explained that the levy rate has deceased for several years; however, the property values have increased. The City of Caldwell has no control over the assessed property values. Fund balance from previous tax years has been used to provide upgrades and necessary improvements to City projects to include the Wastewater Treatment Plant. A majority of the money from property tax dollars is appropriated to safe services (police and fire). Discussion followed concerning the tax levy rates. The Mayor noted that about two year s ago, the Idaho Press Tribune provided a comparison of the levy rates for neighboring municipalities within the Treasure Valley and how they differ from city of city. He stated that Mr. Swanson’s property is not located within the Urban Renewal Agency boundary. Mayor Nancolas recommended that Ms. Swanson speak with Caldwell Finance Director Carol Mitchell regarding additional budget questions. The Mayor requested that a copy of the PowerPoint presentation recently shown at Chamber Luncheon in August 2018 be provided to Ms. Swanson. Councilman Hopper explained that the City of Caldwell website contains the schedule of budget workshops, which generally begin in early April/May. He noted that City Council Members work hard to keep the City of Caldwell’s portion of the tax assessment bill as low as possible. MOVED by Callsen, SECONDED by Stadick to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 42 (ORDINANCE NO. 3172) APPROPRIATION ORDINANCE FOR FY-2018-19 WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS ON THE FIRST READING BY TITLE ONLY. The Mayor read the ordinance by title only: AN ORDINANCE ENTITLED APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $84,281,591 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF CALDWELL, IDAHO, FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. MOVED by Pollard, SECONDED by Allgood to waive the rules and consider Bill No. 42 (Ordinance No. 3172) 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 Hopper to sponsor Bill No. 42 (Ordinance No. 3172) 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 ACTION ITEM: PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 63-1311A TO CONSIDER ACCEPTANCE OF THE FEES FROM THE CALDWELL EVENTS CENTER, CITY CLERK, GOLF DEPARTMENT, PLANNING & ZONING DEPARTMENT, AND RECREATION DEPARTMENT IN EXCESS OF 5% OF THE AMOUNT PREVIOUSLY CHARGED. Carol Mitchell, City Finance Director at 411 Blaine Street, provided the staff report. She outlined the specific fee increases, the new fees, and the deleted fees. She noted that a departmental resolution would be forthcoming on September 17, 2018 for City Council’s consideration to include the newly approved and existing fees. FY 2018 Current FY 2019 Proposed FY 2019 Amount Increase FY 2019 % Increase Caldwell Event Center Simplot Stadium BOOK 59 PAGE 118 FY 2018 Current FY 2019 Proposed FY 2019 Amount Increase FY 2019 % Increase Event Occupant Fee (day time) $0.25/person - ($0.25) Discontinue Event Occupant Fee (night time) $0.50/person - ($0.50) Discontinue City Clerk Train Depot Bldg. Rental Fee $300.00 $400.00 - New Train Depot Plaza Rental Fee $100.00 $150.00 - New Golf Annual Under Age 65 (Dual Pass) w/weekend restrictions $692.45 $692.45 - New Annual 65 & Older (Dual Pass) w/weekend restrictions $635.85 $635.85 - New Annual Under Age 65 (Dual Pass) Unrestricted - $1,037.74 $1,037.74 New Annual 65 & Older (Dual Pass) Unrestricted - $943.40 $943.40 New Cart Fees Cart Fees – Purple Sage 9 holes - $10.00 $10.00 New Misc. Fees Caldwell Corporate Pass (Per Player) – max 4 $300.00 - ($300.00) Discontinue Planning & Zoning PUD with subdivision $1,035.00 + $10/lot $1,085 + $15/lot $50.00 4.83% 50% per lot Subdivision Plats (non PUD) Preliminary $600 + $10/lot $625 + $15/lot $25.00 4.17% 50% per lot Final (includes PUD) $380 +$10/lot $395 + $15/lot $15.00 3.95% 50% per lot Short Plat $600 +$10/lot $625 +$15/lot $25.00 4.17% 50% per lot Additional Fees Hearing Examiner $195.00 $250.00 $55.00 28.21% Manufactured Home Park $1,005.00 +$10/lot $1,005.00 $15/lot $50.00 4.98 50% per lot Minor Land Use Application $71.00 $90.00 $19.00 28.76% P&Z Commission $195.00 $250.00 $55.00 28.21% De-Annexation - $400.00 $400.00 New Recreation Adult Sports Archery $35.00 $40.00 $5.00 14.29% Boxing Blast Fitness/per class $5.00 $5.00 New Christmas Volleyball Tournament $60.00 $80.00 $20.00 33.33% Coed Softball Fall/League Sanctioned $300.00 $325.00 $25.00 8.33% Coed Softball Summer/League Sanctioned $325.00 $350.00 $25.00 7.69% Coed Softball Tournament/League Sanctioned $200.00 $225.00 $25.00 12.50% Empower Hour/Women’s Boxing Fitness/per class - $10.00 $10.00 New Golf Lessons $50.00 $55.00 $5.00 10.00% Men’s Fall Softball League Sanctioned $275.00 $300.00 $25.00 9.09% Men’s Recreational Summer Softball – League Sanctioned $300.00 $325.00 $25.00 8.33% Men’s Softball Tournament League Sanctioned $200.00 $225.00 $25.00 12.50% Pickleball Lessons $5.00 $15.00 $10.00 200.00% Women’s Softball Tournament League Sanctioned $200.00 $225.00 $25.00 12.50% Special Interest Classes Beginning Oil Painting $55.00 $60.00 $5.00 9.09% BOOK 59 PAGE 119 FY 2018 Current FY 2019 Proposed FY 2019 Amount Increase FY 2019 % Increase Camera 101/Digital - $69.00 $69.00 New Car Care for Women $15.00 $20.00 $5.00 33.33% Ceramics $30.00 $40.00 $10.00 33.33% Fly Casting/Private Lessons Per Hour - $25.00 $25.00 New Gardening $5.00 $10.00 $5.00 100.00% Guitar $31.00 $35.00 $4.00 12.90% Health Savvy 101 - $25.00 $25.00 New Healthy Living – All Natural Health Class $16.00 $20.00 $4.00 25.00% Herb Class $8.00 $15.00 $7.00 87.50% Herbs/Culinary Use $12.00 $15.00 $3.00 25.00% Message Therapy $25.00 $35.00 $10.00 40.00% Misc. Message Classes Headache, Reflexology, etc. $15.00 $25.00 $10.00 66.67% Pinewood Derby Drag Races Dads & Fast Cars - $15.00 $15.00 New Quilting Classes $40.00 $60.00 $20.00 50.00% Rose Care $8.00 $10.00 $2.00 100.00% Sewing/Beginners $25.00 $40.00 $15.00 60.00% Sewing/Beyond Beginners $25.00 $40.0 $15.00 60.00% Sign Language $40.00 $50.00 $10.00 25.00% Soap Making/Beginners - $40.00 $40.00 New U of I Ancient Grains 101 $5.00 $5.00 New U of I Canning $12.00 $15.00 $3.00 25.00% U of I Dining with Diabetes - $5.00 $5.00 New Zumba/per class - $5.00 $5.00 New Youth Sports Archery $35.00 $40.00 $5.00 14.29% Archery/Advanced - $45.00 $45.00 New Basketball 7th & 8th Grade $40.00 $50.00 $10.00 25.00% Bow Hunters Education $12.00 $15.00 $3.00 25.00% Flag Football Clinic $25.00 $30.00 $5.00 20.00% Hunters Safety $12.00 $15.00 $3.00 25.00% Marathon Kids Club - $15.00 $15.00 New Tennis Lessons/Beginner $30.00 $35.00 $5.00 16.67% Tennis Lessons Intermediate-Advanced $35.00 $40.00 $5.00 14.29% Youth Programs Acting Class “Showstoppers” $29.00 $35.00 $6.00 20.69% Art Camp $20.00 $25.00 $5.00 25.00% Art & Art History Camp - $50.00 $50.00 New Art Classes $15.00 $25.00 $10.00 66.67% Cheerleading Summer Camp $50.00 $60.00 $10.00 20.00% Cheer Squad Minis $30.00 $35.00 $5.00 16.67% Cheer Squad Beginners $35.00 $40.00 $5.00 14.29% Craft Classes $20.00 $25.00 $5.00 25.00% Dance Camps – Four Days $29.00 $35.00 $6.00 20.69% Drawing – Pencil $35.00 $40.00 $5.00 14.29% Earth Science Camp $28.00 $35.00 $7.00 25.00% Guitar Lessons $31.00 $35.00 $4.00 12.90% Hip Hop Dance Classes $29.00 $35.00 $6.00 20.69% Kids Cook with Books - $10.00 $10.00 New Kids Cook with Book Around the World Week - $40.00 $40.00 New Legos Building Blocks $30.00 $40.00 $10.00 33.33% Legos Summer Camp $55.00 $60.00 $5.00 9.09% Lil’ Baker Camp - $40.00 $40.00 New Square Dancing/Month $10.00 $15.00 $5.00 50.00% Tap Dance $29.00 $35.00 $6.00 20.60% Tumbling $42.00 $50.00 $8.00 19.05% Valentine Craft Class $10.00 $15.00 $5.00 50.00% Yoga Kids - $30.00 $30.00 New Young Rembrandts Pastel Drawing Workshop - $80.00 $80.00 New BOOK 59 PAGE 120 FY 2018 Current FY 2019 Proposed FY 2019 Amount Increase FY 2019 % Increase Young Rembrandts Space Workshop - $75.00 $75.00 New Young Rembrandts Superhero Cartoon Workshop - $75.00 $75.00 New Youth Dance Class $22.00 $29.00 $7.00 31.82% Zoo Boise Field Trip Adult $14.00 $20.00 $6.00 42.86% Zoo Boise Field Trip Youth/Addl Kids $10.00 $15.00 $5.00 50.00% Zoo Boise Field Trip Youth/First 2 Kids $12.00 $17.00 $5.00 41.67% U of I Extension 4-H Programs Babysitting Class $12.00 $15.00 $3.00 25.00% Discover Smart Snacks $12.00 $15.00 $3.00 25.00% GPS $12.00 $15.00 $3.00 25.00% Sewing $12.00 $15.00 $3.00 25.00% Slimy, Goody, Gross Science Class $12.00 $15.00 $3.00 25.00% Cardmaking $12.00 $15.00 $3.00 25.00% Glam! Camp $12.00 $15.00 $3.00 25.00% Let’s Get Things Rollin $12.00 $15.00 $3.00 25.00% Healthy Cook $12.00 $15.00 $3.00 25.00% Leather Craft $12.00 $15.00 $3.00 25.00% Photography for Youth $12.00 $15.00 $3.00 25.00% Robotics $12.00 $15.00 $3.00 25.00% Rocketry $12.00 $15.00 $3.00 25.00% Mosaics $12.00 $15.00 $3.00 25.00% Scrapbooking $12.00 $15.00 $3.00 25.00% Super Snoops $12.00 $15.00 $3.00 25.00% Wacky Wildlife $12.00 $15.00 $3.00 25.00% Pool Activities Swim Lessons Level 1-5 – City Resident $21.00 $25.00 $4.00 19.05% Swim Lessons Level 1-5 – Non-resident $25.00 $30.00 $5.00 20.00% Swim Lessons Level 6-7 – City Resident $28.00 $35.00 $7.00 25.00% Swim Lessons Level 6-7 – Non-resident $32.00 $40.00 $8.00 25.00% Pool Admission Kids $2.00 $3.00 $1.00 50.00% Pool Admission Adults $3.00 $5.00 $2.00 66.67% Pool Admissions Senior Citizens $0.50 $1.00 $0.50 100.00% Pool Repair/per hour 2 hour minimum/more than 150 guests - $150.00 $150.00 New Family Swim Pass $125.00 $150.00 $25.00 20.00% Water Aerobics – City Pool 10 Punch Card $25.00 $30.00 $5.00 20.00% Water Aerobics – City Pool 20 Punch Card $45.00 $50.00 $5.00 11.11% Park Rentals Ball Field Rental Per Field – Per Day $50.00 $75.00 $25.00 50.00% Ball Field Rental Per Field – Per Day – No. Prep $35.00 $50.00 $15.00 42.86% Moved by Hopper, SECONDED by Stadick to accept the fees exceeding 105% of the fees last collected as presented. 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 BOOK 59 PAGE 121 MOVED by Stadick, SECONDED by Hopper to close the public hearing. MOTION CARRIED NEW BUSINESS ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. SUB-18P-06: A REQUEST BY JEFFREY HOLT AND GRAND SLAM LLC FOR PRELIMINARY PLAT APPROVAL OF CANYON VILLAGE SHOPS SUBDIVISION CONSISTING OF 13.7 ACRES, MORE OR LESS, TO BE SUBDIVIDED INTO SEVEN (7) COMMERCIAL LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF CLEVELAND BOULEVARD AND HOMEDALE ROAD (PARCEL # R3089901200) IN CALDWELL, IDAHO. Mayor Nancolas explained the quasi-judicial process and asked the Deputy Clerk to swear in those who would be providing public testimony. Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the contents of the staff report. He noted that the request is for a commercial subdivision consisting of seven commercial lots and zoned C-3 (Service Commercial). An apartment complex would be constructed near the subject property. Building permits have already been submitted for the apartment complex. John Breckon of Breckon Land Design at 6661 N Glenwood Street, Garden City, acknowledged being sworn in and spoke in support of the request. He noted that a landscape buffer would be put in place along Cleveland Boulevard. The applicant concurred with the conditions as outlined within the staff report. In response to questions from Councilman Callsen concerning access point to the apartment complex, Mr. Breckon explained that access would be provided from Cleveland Boulevard. Brent Orton confirmed the location of the development’s access points noting that two of them are right- in/right-out accesses. In response to questions from Councilman Stadick, Mr. Breckon confirmed that the only stop light would be located at Homedale and Cleveland Boulevard. Jeffery Holt of Grand Slam LLC at 6297 S. Ruddsdale Avenue, Boise, acknowledged being sworn in and spoke in favor of the request. He expressed appreciation to City staff for their professionalism and support in working with them on the new design throughout the application process. He referenced the Development Agreement and the Pre-Annexation Agreement, which was previously recorded in 2008. The building permit application has been submitted on Phase I for 108 apartment units. Phases II and III include 84 apartment units in each phase. Farin Holt, 6297 S. Ruddsdale Avenue, Boise signed in support of the project but did not provide testimony. MOVED by Pollard, SECONDED by Ozuna to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-18P-06: The Mayor presented the Evidence List: staff report, sign-up sheets, preliminary plat, and the aerial of SUB-18P-06. MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-18P-06: MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-18P-06: MOVED by Allgood, SECONDED by Hopper to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-18P-06: 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 BOOK 59 PAGE 122 ORDER OF DECISION ON CASE NO. SUB-18P-06: MOVED by Pollard, SECONDED by Hopper that based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Caldwell City Council that Case Number SUB-18P-06 a request by Jeffrey Holt and Grand Slam LLC for Preliminary Plat approval of Canyon Village Shops Subdivision consisting of 13.7 acres, more or less, to be subdivided into 7 commercial lots for the property located at the northwest corner of Cleveland Boulevard and Homedale Road (Parcel # R3089901200) in Caldwell, Idaho, is approved with the conditions as outlined within the staff report. 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 Stadick, SECONDED by Hopper to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER ACCEPTANCE OF THE PROPOSED FEE CHANGES EXCEEDING 105% OF THE FEES LAST COLLECTED FOR THE CALDWELL INDUSTRIAL AIRPORT, WATER DEPARTMENT, AND BUILDING SAFETY DEPARTMENT AND SET THE PUBLIC HEARING DATE FOR TUESDAY, SEPTEMBER 4, 2018 AT 7:00 P.M. Brent Orton, Public Works Director at 621 Cleveland Boulevard, outlined the proposed fee changes, recommended their acceptance and set the public hearing date for Monday, September 4, 2018 at 7:00 p.m. MOVED by Hopper, SECONDED by Callsen to accept the proposed fee changes exceeding 105% of the fees last collected as presented for the Caldwell Industrial Airport, Water Department, and the Building Safety Department and set the public hearing date for Tuesday, September 4, 2018 at 7:00 p.m. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 41 (ORDINANCE NO. 3171) AMENDING CALDWELL CITY CODE SECTION 07-11-05 PERTAINING TO THE ABATEMENT OF NUISANCES AND SECTION 12-19-13 AT SUBSECTION (3) RELATING TO THE PROCEDURE FOR AN APPEAL OF A DECISION BY A BUILDING DEPARTMENT EMPLOYEE TO THE BUILDING OFFICIAL OR OF THE BUILDING OFFICIAL TO THE BOARD OF BUILDING APPEALS WITH A REQUEST TO WAIVE THE THREE READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION. Aaron Seable, 1303 12th Avenue Road, Nampa, provided the staff report and outlined the contents of the proposed ordinance. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 7, ARTICLE 11, SECTION 07-11-05 OF THE CALDWELL CITY CODE PERTAINING TO THE ABATEMENT OF NUISANCES; AMENDING CHAPTER 12, ARTICLE 19, SECTION 12 -19-13, AT SUBSECTION (3), RELATING TO THE PROCEDURE FOR AN APPEAL OF A DECISION BY A BUILDING DEPARTMENT EMPLOYEE TO THE BUILDING OFFICIAL, OR OF THE BUILDING OFFICIAL TO THE BOARD OF BUILDING APPEALS; 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 Hopper to waive the rules and consider Bill No. 41 (Ordinance No. 3171) 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 Hopper to sponsor Bill No. 41 (Ordinance No. 3171), 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 BOOK 59 PAGE 123 ACTION ITEM: CONSIDER BILL NO. 43 (ORDINANCE NO. 3173) FOR ANNEXATION OF PROPERTY LOCATED AT 2009 SMEED PARKWAY (PARCEL NO. R3501011CO, INSTRUMENT NO. 2017001843) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE THREE READING PROCESS AND PASS Brent Orton, Public Works Director at 621 Cleveland Blvd., provided the staff report and noted that the request was received from Fresca Mexican Foods 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 M UNICIPAL 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 Allgood to waive the rules and consider Bill No. 43 (Ordinance No. 3173) 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 Hopper to sponsor Bill No. 43 (Ordinance No. 3173), move for its passage by title only, and approve the summary for publication. 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 (ACTION ITEM: FINANCE REPORT ACCEPTANCE) Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the amount of $1,576,132.44 for the period ending August 15, 2018 and a net payroll of $357,930.36 for the period ending August 4, 2018. MOVED by Allgood, SECONDED by Callsen to accept accounts payable in the amount of $1,576,132.44 represented by check numbers 132741 through 133048 and payroll in the amount of $357,930.36 represented by check numbers 32665 through 32695 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard inquired about the determination of the vehicular blockage on Arthur Street at the Indian Creek Plaza. Mr. Orton reported that the original plan was to have the right-of-way open to vehicular traffic when the plaza was not in use; however, since that time, safety concerns were expressed by Destination Caldwell. The matter will be discussed by the Caldwell Traffic Commission in consultation with the Destination Caldwell Operations Coordinator. Contact will also be made with the affected business such as Flying M, The Rubaiyat, and Fashion Extra to gain their input. A plan will be reported back to City Council. Councilman Callsen reported that he recently visited one of the downtown businesses and the owner had expressed his support for the plaza stating they their investment in the Indian Creek Plaza had positively impacted their business. Councilman Hopper reported that additional seating at the Caldwell Night Rodeo grounds would need to be addressed in the future. Councilwoman Ozuna reported that Larry Blackburn, received the “Library Trustee Of The Year” award. Councilman Allgood reported on the success of the rodeo. He attended the ground breaking ceremony this morning for Price Pump at the Sky Ranch Business Center. Councilman Stadick reported that nothing has been done to the downtown vineyard. He reported on the success of the groundbreaking ceremony with Price Pump. He had the opportunity to speak with Governor Otter at the ceremony. BOOK 59 PAGE 124 (MAYOR’S COMMENTS) Mayor Nancolas reported on the positive comments provided by the owner of Price Pump regarding City staff. The Mayor reported on the success of the Chamber of Commerce Buckaroo Breakfast and the Caldwell Night Rodeo. The Mayor reported on the relocation of the rodeo livestock pens to this side of the railroad tracks and improvements at the Caldwell Event Center for the Canyon County Fair. The Mayor attended a meeting on August 17th at the Caldwell Veterans Memorial Hall to reconstruct the Caldwell Veterans of Foreign Wars post. The Mayor reminded everyone to be mindful that school started today and to please drive carefully Upcoming Events:  Thursday, August 23: Ribbon cutting for new improvements at the BMX track.  Thursday, August 25: Destination Caldwell hosting a meeting with Dan Seftner, President of Destination Rapid City at 3:00 p.m. at the Flying M.  Saturday August 25: The Caldwell Library is sponsoring a career day at the Indian Creek Plaza. (ADJOURNMENT) MOVED by Allgood, SECONDED by Ozuna to adjourn at 9:01 p.m. MOTION CARRIED APPROVED AS written THIS 4th DAY OF September , 2018. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk