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HomeMy WebLinkAbout2019-05-06 CITY COUNCIL MINUTES oaav'w ALOWELL REGULAR CITY COUNCIL MEETING AGENDA, ,Monday,May 6,2019 7:00 PM INVOCATION F EIZED BY REVEREND END ILL SPERRY' OF THE "A LDWELL CH ISTI ,1' CHURCH. PLEDGE OF ALLEGIANC,E TO THE FLAG. ROLL CALL. ,y'��'°O�W�'"FLI T OF I1: "T �I E "T "E ". .. ..RA TI O.N. �y6� h/P E Fir I. ., W E 1S E„J'1'T.J, * I"M..a►NS. A. tJpdate Deport: Metro mm unit Services B. Update Report-. Caldwell Fire I partni nt `Fill the Boot"Carnpai gn f or MD AUDIENCE PARTICIPATION. I :PATION. CONSENT CALENDAR.- I CONSEi TCAL NDAR ITFMS AREA CTION ITEMVI 1, Approve acceptance of the minutes of the City Council Meeting held on April 15, 1 the Caldwell elf hard Meeting l ruar 20, 1 • Caldwell Youth Master plan Committee Meeting oil February 6 2 19- the Caldwell orrrr Committee Meeting held oil lanuar1�, 2019. the Caldwell Senior Citizen Center Comt-nission Meeting held on April 18, 01 9 the Caldwell Planning & Zoning Commission Meeting held on March 12, 2f 1 , and the City of Caldwell Design review Commission Meeting bald on March 26 a '2 1 2. Approve accepting a �, Quitclaim Deed fir rAn the State of ldah , Idaho Transportation Board, by l rans or�tation Department for 3738 acres at the south end of Pond and tl�rr�rwrh tl�r Idaho 1 �, ar '1,r r ad a nt to and west f the pity rrf Caldw ll grad p:it property; . w . Approve request for a transfer ofth. Alcohol Beverage license for the(.3allegos Meat Market,located at 3110 Cleveland Boulevard,Same 82 4,. Approve First Resolutionexecution thePurcha and al A gr•er�rnt and Right f l fu al Agreement with "'Ferry and 1,inda Weymouth for property known as, 824 AlbanyStreet for the purpose ofadditional future downtown public parkin 5 Approve Resolution a�rtl���r�rrr� ,tl�r esolut �" General Fund Contingency in the aMOUnt of$ 2, K 00 try acquire property located at 824,Albany Street; 6. Approve soluti n authorizing the execution of the Contract , rnendrli nt with rice F r��Lr Miller Architects s for a revised r h �rafi design, scope rn dili ation, and, relin'iinarschedule for Firetati on 1; 7 Approve Resolution accepting a Quitclaim Deed from Badger Creek Investments, 1 C and Twin .reek Investments, C for a parcel containing 566.68 squarefeet located on the southwest corner of Skyway Street,and Slipstrearn Way to be used as future right-of wa ; . Approve Resolution acceptingf� the hid -orrr Sunr `orporation fr� construction of the Indiana Avenue and 11-lomedale Road roundabout in partnership with "an on HighwayDistrict 4 ". pprr� r ,; oluti n auth rizing the e e �rti n of Consent t U Agreement fry ni the United States Department. � lnt� (Bureau of Reclamation) r �tl�r Interior �� for construction of a sewer trunk line under the Noble Drain as part r f,the2019 Noble :rain Sewer`brain 1,ine xt nsion pro.10.Approve r ue t fron,i the Hurnan Resource,Director and the Finance Director to invite three benefits Consultants 't prepare and present proposals for Request for Services for the put-peas of continued. competitiveness and,value in the City of Caldwell employee benefits package, Approve esolUti�n ratifying acceptance ep e � Agreement 1 l, pp tl�r are.tare of the �Irv�ir°rt Powers with Canyon Count Paramedics to for ntly purchase and offer the notification prograrrl "J"'ul point"as appropriated I`Y-2019 Budget, in the 12.Approve Resolution declaring eqL,Iipljicnt as surplus property frorn the Caldwell Police Department for disposition as scrap nla:t rial Approve eolutron ratifying the purchase Well p and installation of�a VFD and Harmonic Filter at Cityof Water atcr Well 421 by AME.CFlcctric,in the amount of$19,800.00 for the Water Department a appropriated d within the FY-2 1 Budget;14. rove Resolution�n authorizing the� matching funds f° g re pp allocation of rna.tchr � �� or the g ran.��orr�rin� �or�nrnr»rnrt Initiative `JCl grant in the amount o $10, . , 15.Approve Resolution i n, g the execution of the 1"Y-2 18 Community Development block .rant I l rde ne Prevention Su rccipi nt Agreement with Advocates Against. Farnily Violence riot to exceed the amount of$ 4,Cl00. 0; Page 1 off 16. Approve Resolution authorizing the execution of the FY-2018 Community Development Block Grant Rapid Rehousing Subrecipient Agreement with Advocates.Against Family Violenee not to exceed the amount of 102000.00; ` 17.Approve Resolution authorizing the execution of the Memorandum of Agreement with Metro Community Services for the period of January 1,2019 through December 31,2019; 18.Approve the Order of Decision for Case No. SUB-19F-03.(Sunset Final Plat); OLD BUSINESS: 1. ACTION ITEM: Public Hearing (Quasi-judicial): Case No. ANN-18-09: A request by Roger & Donna Goff to annex 18.75 acres,more or less,with an R-1 (Low Density Residential) zoning designation with a Development Agreement. The subject property is located on the north side of Marble Front Road approximately 1,100 feet east of the intersection of Bridgeport Avenue (Parcel R3512001000)in Caldwell,Idaho. "APPLICAN'T HAS REQUESTED THAT THIS ITEM BE CONTINUED TO THE DUNE 3,2019 CITY COUNCIL MEETING" 2. ACTION ITEM: Consider Bill No. 50 (Ordinance No. 3180) for Case No. ANN-18-09 (Goff Annexation) with a request to waive the rules, pass on the first reading, and approve the summary for publication. "APPLICANT HAS REQUESTED THAT THIS ITEM BE CONTINUED TO THE DUNE 3,2019 CITY COUNCIL MEETING" NEW BUSINESS: 1. ACTION ITEM: Public Hearing(Quasi-judicial):Case No.DAN-19-01:A request by Jeff Beagley and Randy Wood to de-annex from the City of Caldwell 0.24 acres,more or less. The property is zoned RS-1 (Residential Estates) and is a portion of the property located at the intersection of Lincoln Road and Midland Boulevard(Parcel R3406200000)in Caldwell,Idaho. 2. ACTION ITEM: Consider Bill No. 5 (Ordinance No. 3197) for Case No.DAN-19-01 (Wood De- Annexation) with a request to waive the rules, pass on the first reading, and approve the summary for publication. 3. ACTION ITEM: Public Dearing (Quasi-judicial): Case No. ANN-19-01.: ,A►. request by Mary Quenzer and Mason&Associates to annex three parcels totaling 38.97 acres,more or less,with an R-1 (Low Density Residential) zoning designation with a Development Agreement. The subject properties are located at the southwest corner of Aviation Way and Marblefront Road, in Caldwell,Idaho(Parcel Vs R3512801000,R3512800000,&R35128010A0). 4. ACTION ITEM: Consider Bill No. 11 (Ordinance No. 3203) for Case No.ANN-19-01 (Quenzer Annexation) with a request to waive the rules, pass on the first reading, and approve the summary for publication. 5. ACTION ITEM: Consider Bill No. 15 (Ordinance No. 3207) amending Chapter 12, Article 15, Sections 12-15-01,12-15-03,12-15-05, 12-15-077 12-15-09, 12-15-113 12-15-13 of the Caldwell City Code pertaining to Cald ell's Flood Damage Prevention Code with a request to waive the rules, pass on the first reading,and approve the summary for publication. 6. ACTION ITEM: Consider Bill 18(Ordinance No. 3210)creating a Local Improvement District No. 19-1 for construction of concrete curb,gutter, driveway approaches,pedestrian ramps,and sidewalk improvements with a request to waive the rules and pass on the first reading. 7. ACTION ITEM: Consider Bill 19 (Ordinance No.3211) annexing a portion of property located within the Corporate City Limits into the Caldwell Municipal Irrigation District Known as 4908 Hamlet Lane AKA "The Village" (Parcel No. R3252401000) with a request to waive the rules and pass on the first reading. 8. ACTION ITEM: Consider Bill 20 (Ordinance No. 3212) annexing a portion of property located within the Corporate City Limits into the Caldwell Municipal Irrigation District known as Pennsylvania Park Subdivision No. 2 (Instrument No. 2019-001254) with a request to waive the rules and pass on the first reading. 9. AC�'.�ONIT : Finance Report acceptance. 10. Council Reports. 11.Mayor's Comments. 12.Executive Session pursuant to Idaho Code, Section 74-206, Subsection (c) for the purpose of discussing the acquisition of or an interest in real property not owned by a public agency. 13.Adjournment. Next Regular City Council Meeting is on Monday, May 20, 2019 at 7:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth.Any person needing special accommodations to participate in the meeting should contact the City Clerk at 411 Blaine Street or call#455-4656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.cityofealdwell.com. Cualquier persona que necesita arreglos especiales pars participar en la reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o flame al #455 a 4656 antes de la reunion. Page 2 of 2 BOOK 6a PAGE 46 .s REGULAR MEETING May 6,2019 7:00 P.M. Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. Reverend Bill Sperry of Caldwell Christian Church provided the invocation. Mayor Nancolas led the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City CIerk with the following members present: Callsen, Pollard,Stadick,Allgood,Ozuna,and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Update Report.- Metro Community Services Grant Jones, Director at Metro Community Services provided an update report concerning the organization. He expressed appreciation for the partnership with the City of Caldwell regarding the senior citizen transportation bus program. There was an increase of3,630 boardings this past year for a total of 21,000 rides. He outlined the various services offered to senior citizens by Metro Community Services. He noted that the agency is analyzing all of the services offered within Caldwell and the surrounding area. He recommended approval of the Metro Community Services Agreement as provided on tonight's Consent Calendar. R. VI date Re ort: Caldwell Fire Department"Fill the,foot"Cam ai rr for MDA Autumn Hume from the Muscular Dystrophy Association provided an update regarding medical progress concerning research and treatment of those with the disease. She complimented the Caldwell Firefighters for raising$13,230.00 for the Muscular Dystrophy Association during the 2018"Fill the Boot"campaign.On May 16 and 17 the firefighters will be conducting the"Fill the Soot"campaign again in Caldwell. C. Students-from the Caldwell High School American Government Class: The Mayor acknowledged Cheryl Adams, American Government teacher from Caldwell High School. Each of the students stood and introduced themselves. AUDIENCE PARTICIPATION None. CONSENT CALENDAR; [All Consent Calendar items are considered action items] 1. Approve acceptance of the minutes of the City Council Meeting held on April 15,2019,the Caldwell Golf Board Meeting held on February. 20, 2019; Caldwell Youth Master Plan Committee Meeting held on February 26,2019;the Caldwell Youth Forum Committee Meeting held on January 15,2019;the Caldwell Senior Citizen Center Commission Meeting held on April 18,2019;the Caldwell Planning&Zoning Commission Meeting held on March 12,2019; and the City of Caldwell Design Review Commission Meeting held on March 26,2019; 2. Approve Resolution No. 109-19 accepting a Quitclaim Deed from the State of Idaho, Idaho Transportation Board,by and through the Idaho Transportation Department for 37.38 acres at the south end of Pond Lane adjacent to and west of the City of Caldwell gravel pit property; 3. Approve request for a transfer of the Alcohol Beverage License for the Gallegos Meat Market, LLC located at 3110 Cleveland Boulevard,Suite 82; 4. Approve Resolution No. 110-19 authorizing the execution of the Purchase and Sale Agreement and a Right of First Refusal Agreement with Terry and Linda Weymouth for property known as 824 Albany Street for the purpose of additional future downtown public parking; 5. Approve Resolution No. I I 1-19 authorizing the use of General Fund Contingency in the amount of$32,000.00 to acquire property located at 824 Albany Street; 6. Approve Resolution No. 112-19 authorizing the execution of the Contract Amendment with Rice Fergus Miller Architects for a revised schematic design, scope modification, and preliminary schedule for Fire Station#3; 7. Approve Resolution No. 113-19 accepting a Quitclaim Deed from Badger Creek Investments, LLC and Twin Creek Investments,LLC for a parcel containing 566.68 square feet located on the southwest corner of Skyway Street and Slipstream Way to be used as future right-of-way; 8. Approve Resolution No. 114-19 accepting the bid from Sunroc Corporation for construction of the Indiana Avenue and Homedale Road roundabout in partnership with Canyon Highway District 4; 9. Approve Resolution No. 115-19 authorizing the execution of a Consent to Use Agreement from the United States Department of the Interior (Bureau of Reclamation) for construction of a BOOK 60 PAGE 47 sewer trunk line under the Noble Drain as part of the 2019 Noble Drain Sewer Train Line Extension Project; 10.Approve request from the Human Resource Director and the Finance Director to invite three benefits consultants to prepare and present proposals for Request for Services for the purpose of continued competitiveness and value in the City of Caldwell employee benefits package; 11.Approve Resolution No. 116-19 ratifying the acceptance of the Joint Powers Agreement with Canyon County Paramedics to jointly purchase and offer the notification program"PulsePoint" as appropriated in the FY-2019 Budget; 12.Approve Resolution No. 117-19 declaring equipment as surplus property fi om the Caldwell Police Department for disposition as scrap material; 13.Approve Resolution No. 118-19 ratifying the purchase and installation of a VFD and Harmonic Filter at City of Caldwell Water Well#21 by AME Electric in the amount of$19,800.00 for the Water Department as appropriated within the FY-2019 Budget; 14.Approve Resolution No. 119-19 authorizing the allocation of inatching funds for the Transforming Communities Initiative(TC1)Grant in the amount of$10,000.00; 15.Approve Resolution No. 120-19 authorizing the execution of the FY-201 S Community Development Block Grant Homelessness Prevention Subrecipient Agreement with Advocates Against Family Violence not to exceed the amount of$24,000.00; 16.Approve Resolution No. 121-19 authorizing the execution of the FY-20 18 Community Development Block Grant Rapid Rehousing Subrecipient Agreement with Advocates Against Family Violence not to exceed the amount of 10,000.00; 17.Approve Resolution No. 122-19 authorizing the execution of the Memorandum of Agreement with Metro Community Services for the period of January 1,2019 through December 31,2019; 18.Approve the Order of Decision for Case No.SUB-19F-03(Sunset Final Plat); MOVED by Pollard,SECONDED by Callsen 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 (QUASI-JUDICIAL): CASE NO. ANN-18-09: A REQUEST BY ROGER & DONNA GOFF TO ANNEX 18.75 ACRES, MORE OR LESS, WITH AN R-I (LOW DENSITY RESIDENTIAL) ZONING DESIGNATION WITH A DEVELOPMENT AGREEMENT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF MARBLE FRONT ROAD APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF BRIDGEPORT AVENUE (PARCEL R3512001000) IN CALDWELL,IDAHO) MOVED by Callsen, SECONDED by Hopper to continue the public hearing and accompanying Ordinance No. 50 to the Regularly Scheduled City Council Meeting to be held on June 3,2019 at 7:00 p.m.as requested by the applicant. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 50 (ORDINANCE NO. 3180) FOR CASE NO. ANN-18-09(GOFF ANNEXATION)WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION By previous motion,this item was continued to the Regularly Scheduled City Council Meeting to be held on June 3,2019. MOTION CARRIED NEW BUSINESS (ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. DAN-19-01: A REQUEST BY JEFF BEAGLEY AND RANDY WOOD TO DE-ANNEX FROM THE CITY OF CALDWELL 0.24 ACRES, MORE OR LESS. THE PROPERTY IS ZONED RS-1 (RESIDENTIAL ESTATES)AND IS A PORTION OF THE PROPERTY LOCATED AT THE INTERSECTION OF LINCOLN ROAD AND MIDLAND BOULEVARD (PARCEL R3406200000)IN CALDWELL,IDAHO) The Mayor outlined the quasi-judicial process and asked the City Clerk to swear in those who had signed up to provide testimony tonight in either of the public hearings. The Mayor declared the public hearing open, Jarom Wagoner, 621 Cleveland Boulevard, acknowledged being sworn in and provided the staff report. He noted that a portion of the property was de-annexed last year and another portion de- annexed by judicial decree. The applicant is desirous of a simple lot-line adjustment through Canyon County on a small portion of the subject parcel. BOOK 60 PAGE 48 Jeff Beagley, 1950 Sand Hollow Road,-acknowledged being sworn in and spoke.in favor of the request. He noted that the owner has plans to construct a shop on his property and would be applying for the building permit through the Canyon County Development Services. A lot line adjustment is necessary to allow adequate space for construction of a shop. MOVED by Stadick,SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.DAN-19-01: The Mayor presented the Evidence List:staff report,sign-up sheet,and the aerial map of DAN-19-01. MOVED by Callsen,SECONDED by Allgood to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO.DAN-19-0 1: MOVED by Allgood, SECONDED by Callsen to accept the general facts as outlined in the staff report,the public testimony that was given in this matter,and the evidence list that was presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.DAN-19-01: MOVED by Ozuna,SECONDED by Stadick 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.DAN-19-01: MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. DAN-19-01 a request by Jeff Beagley and Randy Wood to de-annex from the City of Caldwell 0.24 acres,more or less for the property that is zoned RS-1 (Residential Estates)and is a portion of the property located at the intersection of Lincoln Road and Midland Boulevard(Parcel R3406200000)is approved. 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 BILL NO.5 [ORDINANCE NO.31971 FOR CASE NO. DAN- 19-01 [WOOD DE-ANNEXATION]WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read the ordinance by title only: AN ORDINANCE PURSUANT TO IDAHO CODE § 50-225 DETERMINING THAT CERTAIN LAND HAS BEEN INCORPORATED INTO THE LIMITS OF CALDWELL,IDAHO AND THAT SAID LAND SHOULD BE EXCLUDED FROM THE CORPORATE LIMITS OF THE CITY OF CALDWELL, IDAHO; DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE EXCLUDED FROM CALDWELL,IDAHO;DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO REMOVE SAID PROPERTY FROM THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE EXCLUDED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION,, PURSUANT TO IDAHO CODE§63-215. MOVED by Pollard,SECONDED by Hopper to waive the three reading process and consider Bill No. 5(Ordinance No.3197)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.5(Ordinance No.3197),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 60 PACE 49 (ACTIQN ITEM: PUBLIC HEARING [QUASI-,WDICIAL]: CASE NO. ANN-19-01: A REQUEST BY MARV QUENZER AND MASON & ASSOCIATES TO ANNEX THREE PARCELS TOTALING 38.97 ACRES, MORE OR LESS, WITH AN R-1 [LOW DENSITY RESIDENTIAL] ZONING DESIGNATION WITH A DEVELOPMENT AGREEMENT. THE SUBJECT PROPERTIES ARE LOCATED AT THE SOUTHWEST CORNER OF AVIATION WAY AND MARBLEFRONT ROAD,IN CALD ELL,IDAHO [PARCEL#'S R35128010009 R35128000009&R3512801.0AU]) The Mayor declared the public hearing open. Jarom Wagoner, 621 CIeveland Boulevard, acknowledged being sworn in and provided the staff report. He noted that the annexation request includes a development agreement.The request is for the annexation of 39 acres with an.R-1 zoning designation,which is compliant with the comprehensive plan map. Mr.Wagoner noted-that landscape buffers along Aviation Way and Marble Front would be required along with other conditions of approval as outlined within the staff report. He recommended approval of the request. William Mason of Mason&Associates,924 3"d Street S.Ste.B,Nampa,acknowledged being sworn in and spoke in favor of the request. He stated that the applicant concurs with the conditions of approval. Mary Quenzer,3320 Marble Front Road,signed in favor of the request but did not provide testimony. Cheryl Anderson, representative of the Caldwell School District 76 North Longhorn, Eagle, acknowledged being sworn in and spoke in opposition to the annexation and the special use permit associated with the request. She expressed concern regarding the development,noting that an appeal has been filed concerning the special use permit allowing for an RV park on the subject property. Dr.N. Shalene French,Caldwell School District at 1502 Fillmore Street, signed in opposition to the request but did not provide public testimony. Charles Stout,1504 Teton,signed in opposition to the request but did not provide public testimony. In response of questions from Mayor Nancolas,Mr.Wagoner clarified that the only issue before City Council tonight is the annexation request. He confirmed that the Caldwell School District has filed an appeal regarding the special use permit associated with ANN-19-01. MOVED by Allgood,SECONDED by Callsen to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.ANN-19-01: The Mayor presented the Evidence List:staff report,sign-up sheets and the aerial map ofANN-19-01. MOVED by Callsen,SECONDED by Stadick to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ANN-19-01: MOVED by Callsen,SECONDED by Stadick to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO.ANN-19-0I: 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 that was presented. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.ANN-19-01: 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.ANN-19-01: MOVED by Pollard,SECONDED by Callsen based on the Findings of Fact and Conclusions of Law,- the Caldwell City Council hereby orders that Case No.ANN-19-01 a request by Mary Quenzer and Mason & Associates to annex three parcels totaling 38.97 acres, more or less, with an R-1 (Low Density Residential)zoning designation with a Development Agreement for the properties located at the southwest corner of Aviation Way and Marblefront Road, in Caldwell, Idaho (Parcel #'s i BOOK 60 PAGE 50 R351280I00, R35128000001, R3512800000, and R35128010A0 is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Pollard, Stadick, AIlgood, Ozuna, Hopper, and Callsen. Those voting no:none. Absent and/or not voting:none. MOTION CARRIED MOVED by Stadick,SECONDED by Callsen to close the public hearing. MOTION CARRIED The Mayor explained the quasi-judicial appeal process concerning the annexation. (ACTION ITEM: CONSIDER BILL NO. 11 jORDINANCE NO.3203] FOR CASE NO.ANN- 19-01 (QUENZER ANNEXATION)WITH A REQUEST TO WAIVE THE RULES,PASS ON THE FIRST READING,AND.APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read the ordinance by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R-I (LOW DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION,PURSUANT TO IDAHO CODE,SECTION 63-215. MOVED by Callsen, SECONDED by Allgood to waive the three reading process and consider Bill No.11(Ordinance No.3203)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. 11 (Ordinance No.3203),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: CONSIDER BILL NO. 15 [ORDINANCE NO. 32071 AMENDING CHAPTER 12,ARTICLE 15,SECTIONS 12-15-01, 12-15-03,12-15-059 12-15-079 12-15-09, 12- 15-119 12-15-13 OF THE CALDWELL CITY CODE PERTAINING TO CALDWELL'S FLOOD DAMAGE PREVENTION CODE WITH A REQUEST TO 'WAIVE THE RULES, PASS ON THE FIRST READING,AND APPROVE THE SUMMARY FOR PUBLICATION) Robb MacDonald,City Engineer at 621 Cleveland Boulevard,provided the staff report concerning the proposed ordinance. In response to questions from Councilman Callsen, Mr. MacDonald reported that the proposed Plymouth Street Bridge does not affect the proposed FEMA maps. There are no qualified dikes currently at the site of the Plymouth Street Bridge. In response to questions from Councilman Stadick,Mr.MacDonald explained that developments may take place within the 100-year flood plain, if construction plans meet the elevation standards as required by FEMA. In response to questions from Councilman Allgood,Mr.MacDonald stated that by adopting the FEMA standards,it provides the City of Caldwell the ability for continued development by Federal standards. In response to questions from Councilman Hopper,Mr.MacDonald reported that the FEMA map has been available since 2016 to Engineering staff but would officially be adopted with approval of Ordinance No.3207. The Mayor read the ordinance by title only: AN ORDINANCE OF THE CALDWELL CITY COUNCIL,AMENDING CHAPTER 12,ARTICLE 15, SECTION 12-15-01 OF THE CALDWELL CITY CODE, PERTAINING TO STATUTORY BOOK 60 PAGE 51 AUTHORIZATION, FINDINGS OF FACTS, PURPOSE, AND OBJECTIVES 'FOR FLOOD DAMAGE PREVENTION;AMENDING:CHAPTER 12,ARTICLE 15,SECTION 12-15-03 OF THE CALDWELL CITY CODE,PERTAINING TO CERTAIN DEFINITIONS;AMENDING.CHAPTER 12, ARTICLE 15, SECTION 12-15-05 OF THE CALDWELL CITY CODE, PERTAINING TO GENERAL PROVISIONS FOR FLOOD DAMAGE PREVENTION; REPEALING AND REPLACING CHAPTER 12, ARTICLE 15, SECTION 12-15-07 OF THE CALDWELL CITY CODE,PERTAINING TO THE ADMINISTRATION OF THE FLOOD DAMAGE PREVENTION CODES; REPEALING AND REPLACING CHAPTER 12,ARTICLE 15, SECTION 12-15-09 OF THE 'CALDWELL CITY CODE, CONTAINING PROVISIONS FOR FLOOD HAZARD REDUCTION;REPEALING AND REPLACING CHAPTER 12,ARTICLE 15,SECTION 12-15-11 WITH A NEW SECTION CONTAINING PROVISIONS RELATED TO LEGAL STATUS; REPEALING CHAPTER 12,ARTICLE 15, SECTION 12-15-13, PERTAINING TO PENALTIES FOR VIOLATIONS OF THIS ARTICLE;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 three reading process and consider Bill No. 15(Ordinance No.3207)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. 15(Ordinance No.3207),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 (ACTION ITEM: CONSIDER BILL 18 [ORDINANCE NO. 3210] CREATING A LOCAL IMPROVEMENT DISTRICT NO. 19-I FOR CONSTRUCTION OF CONCRETE CURB, GUTTER, DRIVEWAY APPROACHES, PEDESTRIAN RAMPS, AND SIDEWALK IMPROVEMENTS 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,CREATING LOCAL IMPROVEMENT DISTRICT NO. 19-1 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURB, GUTTER, DRIVEWAY APPROACHES, PEDESTRIAN RAMPS, AND SIDEWALKS IMPROVEMENTS; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENIFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT;PROVIDING FOR MAKING THE ASSESSMENT ROLL,AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. MOVED by Callsen, SECONDED by Allgood to waive the three reading process and consider Bill No. 18(Ordinance No.3210)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. 18(Ordinance No.3210)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 (ACTION ITEM: CONSIDER BILL 19 [ORDINANCE NO.32111-ANNEXING A PORTION OF PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT KNOWN AS 4908 HAMLET LANE AKA"THE VILLAGE" [PARCEL NO. R32524010001 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 BOOK 60 PAGE 52 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. 19(Ordinance No.3211)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. 19(Ordinance No.3211)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 (ACTION ITEM: CONSIDER BILL 20 [ORDINANCE NO.32121 ANNEXING A PORTION OF PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT KNOWN AS PENNSYLVANIA PARK SUBDIVISION NO. 2 (INSTRUMENT NO. 2019-001254) 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 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 Hopper to waive the three reading process and consider Bill No. 20(Ordinance No.3212)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 VED by Pollard,SECONDED by Hopper to sponsor Bill-No.20(Ordinance No.3212)and move for its passage by title only. Roll call vote:Those voting yes:Pollard,Stadick,'Allgood,Ozuna,Hopper,and Callsen. Those rioting no:none. Absent and/or not voting:none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the amount of$1,598,426.34 for•the period.ending May 1,2019,a net payroll of$354,848.89 for the pay period ending April 13,2019. MOVED by Allgood, SECONDED',by Hopper that accounts payable in the amount of$1,595,426.34 represented by check numbers'137501'through 137709 and payroll in the amount of$354,848.89 represented by check numbers 33459 through 33470 and direct deposits be accepted, payments approved and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) CounciIman Stadick provided an update report concerning the success of the"Stand Down"event recently held at the Caldwell Veterans Memorial Ha1I. He also reported on the need for youth programs at the golf courses as discussed by the Golf Board. There has been an increase of golf course revenue this past month. (MAYOR$S COMMENTS) The Mayor reported that improvements at the Canyon County Fairgrounds are moving forward. The committee will be meeting on Friday,May 10,2019 at City Hall. BOOK 60, PAGE 53 The Impact Fee Advisory Conimittee viii,rill be meeting in the near fUtUTC to review options as,proposed b the consultant.nt. recommendation ill be provided to City Council.. ncil. M(ty 12 othet-'15 Drat, y> r ze lcr> 1. t.;1 :. tcl 11- If' s°lr (EXECUTIVE SESSION PURSUANTTo n)AH0 CODE, SECTION 74-; 6 SUBSECTION C FOR THE PURPOSE OF DISCUSSING THE ACQUISITION F OR AN INTEREST IN R.EA1, PUBLICPROPERTY NOT OiW'NED BY A AGENCY) MOVED by Callsen,SECONDED by,Hopper to convene into xe utive Session pursuant to Idaho Code, Section - , Subsection (c) for the purpose of discussing the acquisition of or an interest in reel property not owned by a public agency at 8: 0 p.m. Ball call rote. Those voting : all emn,Pollard,Stadia,Allgood,Oc na,and[J pp r, Those voting no: none. beet and/or riot voting:none. MOTION CARRIED (ADJOURNMENT) MOVEDby,14opper,SECONDED by A]lg od,to adjourn at 8 9 p..rn. MOJ'ION CARRIED PPROVI"'11 written T FII 111 DAY OF May 1 9. %,ayor Z'lci,lpe,son, 6&7 CY o c"p sera Co Person 420. . _.. . w �0 CAC AV It'Cler 11 IwIMW .