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HomeMy WebLinkAbout2021-08-02 City Council Minutes CALDWELL REGULAR CITY COUNCIL MEETING AGENDA Monday,August 2,2021 7:00 PM INVOCATION OFFERED BY CHAPLAIN PHIL WHITBECK OF THE CALDWELL FIRE DEPARTMENT. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. a. Update Report: ACHD Commuter Ride Program AUDIENCE PARTICIPATION. CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS] 1) Approve acceptance of the minutes of the Regularly Scheduled City Council meeting held on July 6, 2021; the City Council Budget Workshops held on July 13 and July 20, 2021; the City of Caldwell Design Review Commission meeting held on May 25, 2021, the City of Caldwell Hearing Examiner meetings held on June 22, 2021, and July 13, 2021; and the Caldwell Citizen Center Commission meeting held on April 15, 2021; 2) Approve the Order of Decision for Case No. OA-21-03 (TN Land Use modification); 3) Approve the Order of Decision for Case No. OA-21-05 (Outdoor Dining Ordinance); 4) Approve Resolution authorizing the execution of a Display Agreement with Homeland Fireworks, Inc. for the City of Caldwell July 4,2022 Celebration; 5) Approve Resolution declaring equipment at the Caldwell Street Department as surplus for disposition by public auction; 6) Approve Resolution authorizing the execution of a Dispatch Services Agreement with Canyon County in the amount of$300,000.00 effective October 1, 2021 through September 30,2023; 7) Approve Resolution ratifying the execution of the Memorandum of Understanding for the Bureau of Justice Assistance Grant, administered by the City of Nampa with Caldwell Police Department as a sub-recipient in the amount of$31,250.00; 8) Approve Resolution authorizing the purchase of a Alerting Paging System for Caldwell Fire Station#1 in the amount of$30,000.00; 9) Approve Resolution authorizing the purchase of a vehicle in the amount of approximately $52,000.00 using insurance funds for use by the Caldwell Police Department; 10)Approve Resolution declaring there is only one vendor for the acquisition of Corn Tech 10 Radio Based Fire Station Altering System Package pursuant to Idaho Code 67-2808(2)(a)(ii); 11)Approve Resolution authorizing the execution of the Springbrook Software License and Subscription Renewal FY-2022 in the amount of$49,083.00 authorizing the Finance Director to sign the renewal order; 12)Approve Resolution authorizing the Rollforward GASB 75 Retiree Health Evaluation with Arthur J. Gallagher& Company for the year ended September 30, 2021 in the amount of$2,500.00; 13)Approve recruest for a fee waiver in the amount of$1,200.00 for the Caldwell High School to use the soccer fields located at Brothers Park for the 4A Boys/Girls SIC District Soccer Tournament and IHSAA 4A State Soccer Tournaments to be held in October 2021; 14)Approve Resolution authorizing the City Engineer to enter into an Agreement with Clearwater Landscape in the amount of$26,700.00 for grading of the four-acre parcel owned by the City of Caldwell located adjacent to Elevate Academy; 15)Approve Resolution accepting Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities from Sienna Hills Development for the Sienna Hills Subdivision Phase No. 11; 16)Approve Resolution accepting Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities from Sienna Hills Development for the Sienna Hills Subdivision Phase No. 12; 17)Approve Resolution accepting an Agreement for the Removal of Personal Property with Crystal Madrigal associated with property located at 5016 E. Ustick Road, Space #3 in the amount of $1,724.00 to accommodate the Ustick Road Widening Project; Page 1 of 2 accepting an Agreement for the Removal of Personal Property with Tracy 18)Approve Resolutionlocated at 5016 E. Ustick Road, Space #2 in the amount Otteson-Larrea associated with prope rty of$3,250.00 to accommodate the Ustick men forad Remening oval sof Personal Property with Cindy 19)Approve Resolution accepting an Ag #1 in the amount of Schmillen associated with property located at 5016 E. Ustick Road, Space $2,387.40 to accommodate the Ustick Road Widening Project; 20) Approve Resolution authorizing the execution of a Municipal Services Agreement with Brent and Shannon Taylor for property located at 22406 Racetrack Drive; 21)Approve Resolution accepting Dedication of Sewer, Water, Storm Drain, and Street Light Facilities from Brighton Development for Arbor SWa Wsion ater, Phase No. 2;Drain, and Street Light 22)Approve Resolution accepting Dedication ofSewer, Facilities from Hayden Homes Idaho,LLC Arrowleaf Subdivision Phase No. 1; Water, Storm Drain, and Street Light 23)Approve Resolution accepting Dedication of Sewer, Industrial Condos Project (0 Lauren Facilities from Skyway Industrial Condos, LLC for Skyway Lane). OLD BUSINESS: 1) ACTION ITEM: Public Hearing (Quasi-Judicial) (Continued from June 21, 2021): Arequest by Trilogy Development, for a Planned Unit Development and a preliminary plat or E alon Park, g g ity ntial) for single-family and multi-family residential development in an 97010Bw Thes proposed e zone on 118.49 acres including parcel's R34309012 and RPUD g consists of 528 total dwelling units on 426 buildable lots, includings392ity sfingle-family units per acrnton lots and 34 four-plex lots (136 units) with an overall proposed HWY 20 26 acres. The subject properties are located 1,500 feet east ostl e intersection be continued of to the next 118.49 (Staff requesting that this and Middleton Road, Caldwell, ID. ( .ff is9 August 16, 2021 at 7:00 p.m.) Regularly Scheduled CityCouncil Meetingto be eof herceion vling public comment on the Five-Year onday, 2) ACTION ITEM: Public Hearing for purpose Consolidated Plan and 2021 One-Year Annual Action Plan for the City of Caldwell. Development 3) ACTION ITEM: Consider Resolution authorizing QAnnsubmittal Act on Plan Community the Department of Block Grant - Five-Year Consolidated Plan and ousin and Urban Development (HUD) and authorizing the execution of the Grant Agreement H g upon HUD approval of said plan and receipt of Grant Agreemen . NEW BUSINESS: 1) ACTION ITEM: Accept the FY-2022 tentative budget and set the public hearing date for Monday, August 16,2021 at 7:00 p.m. to be held on Monday, August 16, 2021 to 2) ACTION ITEM: Accept the notice of a public hearing ll Event Center, City consider an increase of fees over 5% of that previously charged ford we fees and the increase Clerk, Golf, Planning & Zoning, and Recreation Department including to or creation of fines. ce No. proposed amen_ d_ts to 3) ACTION ITEM: Consider Bill Nono28-A (�donaeertain residential applications to ensure the Ordinance No. 3348 pertaining to a of public city's ability to protect the lives and safety othe citizens on the first reading.through provision safety services with a request to waive the rulesP 4) ACTION ITEM: Consider Bill No. 42 (Ordinance No. 33.61) pr osin powers and dutg amendments ies Chapter the 3, Article 5, Section 3-5-9 of the Caldwell City Code, pertaining tofirst theMayor of the City of Caldwell with a request to waive the rulespass a on)to amiex the Skyway (di gement 5) ACTION ITEM: Consider Bill No. 43 (Ordinance No No. 2019018640) into the Caldwell Municipal Irrigation District with a request to waive the rules and pass on the first reading. 6) ACTION ICBM: Consider Bill No. 44 (Ordinance No.Irrigation3363)to Distri114 W.ct with a request Chicagoo (Instrument No. 2018a0s o0�e first readinginto the . Municipal waive the rules and p 7) ACTION ITEM: Financial Report acceptance. 8) Council Reports. 9) Mayor's Comments. 10)Adjournment. Next Regular City Council Meeting is on Monli Au aneeding special o accommodations to participate Room t the Caldwell Police uld t 110 South Fifth.atAny personto the meetinll.cThe the meetingshould contact the City Clerk at 411 Blaine Street #455-4656Caldwells website: prior to the meeting. The entire agenda packet and minutes can be viewed on the City of 1 uier persona que necesita arreglos especiales para participar acnes de la reunion.la reunion a comunicarse con el Sec q ecretario de la Ciudad en 411 Blaine Street o llame al#455 a Page 2 of 2 BOOK 62 PAGE 128 REGULARLY SCHEDULED MEETING CALDWELL CITY COUNCIL August 2,2021 7:00 P.M. MINUTES Mayor Nancolas opened the meeting at 7:00 p.m.at the Caldwell Police Department Community Room. Chaplain Phil Whitbeck of the Caldwell Fire Department provided the invocation. The Mayor led 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: Allgood, Hopper,Callsen,Pollard,and McGee.Absent: Wagoner. The Mayor read a statement into the record from Councilman Wagoner: "As you are aware, I will not be attending the City Council Meeting tonight due to health complications I have experienced this last week. I do hope to be back with you all soon. I would ask that you please express my sincere thanks and heartfelt appreciation to everyone at the City, the other City Councilmembers, and truly to every member of this incredible community. The amount of love and prayers that have been offered up on our behalf is overwhelm;ng. We truly are a COMMUNITY, in every sense of the word. And again,from the bottom of my heart tP ank you to everyone." CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS a. Update Report:ACHD Commuter Ride Program Tessa Greegor of ACHD Commuter Ride at 3775 Adams Street, Garden City, provided information concerning the Commuter Ride program available to Caldwell residents. She outlined the contents of a PowerPoint presentation, noting that the program began in the 1970's and currently serves five counties within the Treasure Valley. Each route must go through or end in Ada County. There are approximately 100 vans used for transportation needs. The fares are based on route mileage and the number of monthly trips per individual. There currently is a regional vanpool study underway,which is being conducted by Valley Regional Transit. Ms. Greegor concluded that there is an active agreement with the City of Caldwell for use of Whittenberger Park for riders to access the ACHD Commuter Ride program. She noted that ACHD would be interested in seeking other public space to accommodate the Commuter Ride program. AUDIENCE PARTICIPATION None.. CONSENT CALENDAR: (All Consent Calendar items are considered action items) 1) Approve acceptance of the minutes of the Regularly Scheduled City Council meeting held on July 6, 2021; the City Council Budget Workshops held on July 13 and July 20, 2021; the City of Caldwell Design Review Commission meeting held on May 25, 2021, the City of Caldwell Hearing Examiner meetings held on June 22, 2021, and July 13, 2021; and the Caldwell Senior Citizen Center Commission meeting held on April 15,2021; 2) Approve the Order of Decision for Case No.OA-21-03 (TN Land Use modification); 3) Approve the Order of Decision for Case No.OA-21-05(Outdoor Dining Ordinance); 4) Approve Resolution No.251-21 authorizing the execution of a Display Agreement with Homeland Fireworks, Inc.for the City of Caldwell July 4,2022 Celebration; 5) Approve Resolution No.252-21 declaring equipment at the Caldwell Street Department as surplus for disposition by public auction; 6) Approve Resolution No. 253-21 authorizing the execution of a Dispatch Services Agreement with Canyon County in the amount of$300,000.00 effective October 1, 2021 through September 30, 2023; 7) Approve Resolution No. 254-21 ratifying the execution of the Memorandum of Understanding for the Bureau of Justice Assistance Grant, administered by the City of Nampa with Caldwell Police Department as a sub-recipient in the amount of$31,250.00; 8) Approve Resolution No. 255-21 authorizing the purchase of a Alerting Paging System for Caldwell Fire Station#I in the amount of$30,000.00; 9) Aggprove Resolution No. 256-21 authorizing the purchase of a vehicle in the amount of approximately$52,000.00 using insurance funds for use by the Caldwell Police Department; 10) Approve Resolution No. 257-21 declaring there is only one vendor for the acquisition of Com Tech 10 Radio Based Fire Station Altering System Package pursuant to Idaho Code 67- 2808(2)(a)(ii); 11) Approve Resolution No. 258-21 authorizing the execution of the Springbrook Software License and Subscription Renewal FY-2022 in the amount of$49,083.00 authorizing the Finance Director to sign the renewal order; BOOK 62 PAGE 129 12) Auprove Resolution No. 259-21 authorizing the Rollforward GASB 75 Retiree Health Evaluation with Arthur J. Gallagher & Company for the year ended September 30, 2021 in the amount of $2,500.00; 13) Approve request for a fee waiver in the amount of$1,200.00 for the Caldwell High School to use the soccer fields located at Brothers Park for the 4A Boys/Girls SIC District Soccer Tournament and IHSAA 4A State Soccer Tournaments to be held in October 2021; 14) Approve Resolution No. 260-21 authorizing the City Engineer to enter into an Agreement with Clearwater Landscape in the amount of$26,700.00 for grading of the four-acre parcel owned by the City of Caldwell located adjacent to Elevate Academy; 15) Approve Resolution No. 261-21 accepting Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities from Sienna Hills Development for the Sienna Hills Subdivision Phase No. 11; 16) Approve Resolution No. 262-21 accepting Dedication of Sewer, Water, Storm Drain, Pressure Irrigation and Street Light Facilities from Sienna Hills Development for the Sienna Hills Subdivision Phase No. 12; 17) Approve Resolution No. 263-21 accepting an Agreement for the Removal of Personal Property with Crystal Madrigal associated with property located at 5016 E. Ustick Road, Space #3 in the amount of$1,724.00 to accommodate the Ustick Road Widening Project; 18) Approve Resolution No. 264-21 accepting an Agreement for the Removal of Personal Property with Tracy Otteson-Larrea associated with property located at 5016 E. Ustick Road, Space #2 in the amount of$3,250.00 to accommodate the Ustick Road Widening Project; • 19) Approve Resolution No. 265-21 accepting an Agreement for the Removal of Personal Property with Cindy Schmillen associated with property located at 5016 E. Ustick Road, Space #1 in the amount of$2,387.40 to accommodate the Ustick Road Widening Project; 20) Approve Resolution No. 266-21 authorizing the execution of a Municipal Services Agreement with Brent and Shannon Taylor for property located at 22406 Racetrack Drive; 21) Approve Resolution No. 267-21 accepting Dedication of Sewer, Water, Storm Drain, and Street Light Facilities from Brighton Development for Arbor Subdivision Phase No.2; 22) Approve Resolution No. 268-21 accepting Dedication of Sewer, Water, Storm Drain, and Street Light Facilities from Hayden Homes Idaho,LLC Arrowleaf Subdivision Phase No. 1; 23) Approve Resolution No. 269-21 accepting Dedication of Sewer, Water, Storm Drain, and Street Light Facilities from Skyway Industrial Condos, LLC for Skyway Industrial Condos Project (0 Lauren Lane). MOVED by Pollard,SECONDED by Allgood to approve the Consent Calendar as corrected. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Hopper and Callsen. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED OLD BUSINESS (ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL] [CONTINUED FROM JUNE 21, 2021]r A REQUEST BY TRILOGY DEVELOPMENT, FOR A PLANNED UNIT DEVELOPMENT AND A PRELIMINARY PLAT FOR ESCALON PARK, FOR SINGLE- FAMILY AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN AN R-1 (LOW DENSITY RESIDENTIAL) ZONE ON 118.49 ACRES INCLUDING PARCEL'S R34309012 AND R34297010B. THE PROPOSED PUD CONSISTS OF 528 TOTAL DWELLING UNITS ON 426 BUILDABLE LOTS,INCLUDING 392 SINGLE-FAMILY RESIDENTIAL LOTS AND 34 FOUR-PLEX LOTS (136 UNITS) WITH AN OVERALL PROPOSED DENSITY OF 4.45 UNITS PER ACRE ON 118.49 ACRES. THE SUBJECT PROPERTIES ARE LOCATED 1,500 FEET EAST OF THE INTERSECTION OF HWY 20 26 AND MIDDLETON ROAD, CALDWELL,ID) MOVED by Allgood, SECONDED by Hopper to continue to the public hearing to the next Regularly Scheduled City Council Meeting to be held on Monday, August 16,2021 at 7:00 p.m. as requested by City staff. MOTION CARRIED (ACTION ITEM: PUBLIC HEARING FOR PURPOSE OF RECEIVING PUBLIC COMMENT ON THE FIVE-YEAR CONSOLIDATED PLAN AND 2021 ONE-YEAR ANNUAL ACTION PLAN FOR THE CITY OF CALDWELL) Keri Foster,CDBG Specialist at 411 Blaine Street and Elizabeth McNannay,CDBG Consultant for the City of Caldwell,provided the staff report. Ms. Fester read a statement into the record from Kim Deugen from Advocates Against Family Violence,who was not able to be in attendance: "AAFV is honored to work with the City of Caldwell in the development of affordable housing for our community. BOOK 62 PAGE 130 • The CDBG funding granted for temporary rent and utility assistance has meant many families in Caldwell have been able to maintain housing during/after an emergency situation. Throughout 2020 the impact was significant in Caldwell families. • CDBG dollars invested in multi family housing development at Hope Plaza has allowed these impactful projects to gain the other.federal support needed to move forward. 2020, Hope Plaza, Phase 2 was completed and 30 LM1 housing units developed-including— • S Transitional Housing units. All are fully occupied with 19 residents receiving continued case management. • 2 permanent supportive units. Individuals are receiving on-going case management. Each unit is high-risk and is seeing success in independent living. Hope Plaza, Phase 3, construction to begin in August providing for an additional 32 units of housing. The 5-year plan up for consideration this evening would continue investment in these important project areas. The CDBG support provided is critical to project success." Kathy Venrick of AutumnGold at 813 East Fargo, Nampa, provided comments in support of the CDBG program within the City of Caldwell. AutumnGold assists with affordable housing for low income families and seniors. Ms. Venrick reported that over the past eleven years, they were able to provide 190 homes in the Treasure Valley and approximately 85 have been located in Caldwell. Due to the rising cost of housing, the opportunity to use CDBG funding has greatly assisted with the continuance of aid to families needing services provided by AutumnGold. Gregg Urutia of New Beginnings at 1812 Madison, Nampa, provided comments in support of the CDBG program. New Beginnings is an affordable housing development organization. He noted that CDBG funding has been used with previous affordable housing projects in Caldwell. The Hope Plaza III project will provide an additional 32 units by using CDBG funding. MOVED by Pollard, SECONDED by Hopper to close the public hearing. MOTION CARRIED (ACTION ITEM: CONSIDER RESOLUTION NO.270-21 AUTHORIZING THE SUBMITTAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT- FIVE-YEAR CONSOLIDATED PLAN AND 2021 ANNUAL ACTION PLAN - TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT UPON HUD APPROVAL OF SAID PLAN AND RECEIPT OF GRANT AGREEMENT) MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 270-21 as presented regarding approval of the CDBG Five-Year Consolidated Plan and 2021 Annual Action Plan. Roll call vote: Those voting yes: Callsen, Pollard, McGee, Allgood, and Hopper. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED NEW BUSINESS (ACTION ITEM: ACCEPT THE FY-2022 TENTATIVE BUDGET AND SET THE PUBLIC HEAIeING DATE FOR MONDAY,AUGUST 16,2021 AT 7:00 P.M.) Carol Mitchell, Finance Director at 411 Blaine Street, outlined the contents of the Tentative Budget, recommended its acceptance and to set the public hearing date for August 16,2021. In response to questions from Councilman Pollard, Ms. Mitchell reported that the budget does not include the use of foregone taxes per directive of the Council Members from discussions held with the City Council Budget Workshop sessions. Councilman Callsen concurred with not using foregone taxes within this year's budget. The Mayor acknowledged that the budget presented this evening is a balanced budget. He explained that numerous budget workshop sessions were held over the past four months. He expressed appreciation to Council and City staff members for their planning efforts thus allowing for large capital projects without the need to bond for funding. There is approximately $12,000.00 of Fund Balance being used within the proposed budget. He reported he would be speaking about the proposed budget at the Caldwell Chamber of Commerce Luncheon to be held tomorrow at the Caldwell Veterans Memorial Hall. Councilman Hopper complimented Carol Mitchell, Finance Director, for her outstanding preparation of the budget presentations at the City Council Budget Workshop sessions. Counc:iman Callsen commented on the difficulty preparing the budget due to mandates associated with House Bill 389. BOOK 62 PAGE 131 MOVED by Allgood, SECONDED by McGee to accept the FY-2022 Tentative Budget and set the public hearing date for Monday,August 16,2021 at 7:00 p.m. MOTION CARRIED (ACTION ITEM: ACCEPT THE NOTICE OF A PUBLIC HEARING TO BE HELD ON MONDAY, AUGUST 16, 2021 TO CONSIDER AN INCREASE OF FEES OVER 5% OF THAT PREVIOUSLY CHARGED FOR CALDWELL EVENT CENTER, CITY CLERK, GOLF, PLANNING & ZONING, AND RECREATION DEPARTMENT INCLUDING NEW FEESAND THE INCREASE TO OR CREATION OF FINES) MOVED by Pollard, SECONDED by McGee to accept the notice and set the public hearing date for Monday,August 16,2021 at 7:00 p.m. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 28-A [ORDINANCE NO. 3348-A] PROPOSED AMENDMENTS TO ORDINANCE NO. 3348 PERTAINING TO A MORATORIUM ON CERTAIN RESIDENTIAL APPLICATIONS TO ENSURE THE CITY'S ABILITY TO PROTECT THE LIVES AND SAFETY OF THE CITIZENS OF CALDWELL THROUGH PROVISION OF PUBLIC SAFETY SERVICES WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Douglas Waterman, City Attorney at 1303 12th Avenue Road, Nampa, provided the staff report. He explained the contents of Ordinance No.3348-A. He noted that due to the approval of House Bill No. 389, the original moratorium, which was approved on May 17, 2021, cited "imminent peril" due to possible restrictions for public safety services associated with continued residential development. Approval of Ordinance No. 3348 placed a pause on applications for preliminary plats, planned unit developments and residential annexations. Amendments to Ordinance No 3348 allows the acceptance of development applications to resume. Mr. Waterman continued by noting that City staff has been working to prepare a formula that can be applied to each development. The calculation will help the Planning&Zoning Commission and City Council determine how each application would fit with the City's budget constraints. The proposed formula would outline how each proposed development would pay for City services including safety services. A matrix will be used for accuracy. In response to questions from Councilman Allgood, Mr. Waterman explained that staff would provide the analysis and Council would then approve or deny the request. Councilman McGee emphasized the need for the formula to be transparent for each applicant. The Mayor noted that the analysis would be similar to the review process used for impact fees associated with new development. The criteria would need to be as accurate and objective. He explained that this is the first time in his 32 years of public service that new growth would not pay for itself. HB 389 capped local government property tax budget growth to 8% and limited local government budgets to collect taxes on just 90% of the value of new construction and annexation rather than 100%.He explained that as larger commercial/industrial development occurs with the City, the matrix will change. Growth is necessary to stay vibrant and healthy; however, the recent legislation has made it difficult for new development(s)to pay for itself. In response to questions from Councilman Allgood, Mr. Waterman explained that if the ordinance is approved, development applications can be received and move forward for consideration by the Planning & Zoning Commission and City Council. The proper legal notification process for public hearings must still be followed. City staff is working on a permanent code change that would ensure the formula is included in the review of safety services associated with residential development applications. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING BILL NO. 28, ORDINANCE NO. 3348, PERTAINING TO A MORATORIUM ON PRELIMINARY PLATS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE PERMITS, AND RESIDENTIAL ANNEXATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND DECLARING THE SUBORDINATION OF ALL ORDINANCES, RESOLUTION, AND ORDERS IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No. 28-A(Ordinance 3348-A)on its first reading by title only. Roll call vote: Those voting yes: Callsen, McGee, Allgood, and Hopper. Those voting no: Pollard. Absent and/or not voting: Wagoner. MOTION CARRIED BOOK 62 PAGE 132 MOVED by Callsen, SECONDED by Hopper to sponsor Bill No.28-A(Ordinance 3348-A)and move for its passage. Roll call vote: Those voting yes: Callsen, McGee, Allgood, and Hopper. Those voting no: Pollard. Absent and/or not voting: Wagoner. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 42 [ORDINANCE NO. 3361] PROPOSING AMENDMENTS TO CHAPTER 3,ARTICLE 5,SECTION 3-5-9 OF THE CALDWELL CITY CODE, PERTAINING TO THE POWERS AND DUTIES OF THE MAYOR OF THE CITY OF CALDWELL WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) w Douglas Waterman, City Attorney at 1303 12th Avenue Road, Nampa, provided the staff report. He explained that the code amendment is based on the current requirements for landscaping. This ordinance would allow subdivisions to continue to move forward with applying for building permits by relieving the requirement for landscaping(50%)during a drought period. The Mayor reported that Councilman Hopper had brought this need forward. This code amendment would allow a greater opportunity for irrigation districts to make sure that there is enough water available to the farmers for the harvest period. Councilman Hopper questioned if there should be a "date certain" provision written into the ordinance. Mr. Waterman recommended the following wording to be included within the body of the ordinance; "said date to extend to further than six months from the date of such declaration without the consent of the City Council, with such conditions as the Mayor may deem appropriate." The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 3, ARTICLE 5, SECTION 3-5-09 OF THE CALDWELL CITY CODE, PERTAINING TO THE POWERS AND DUTIES OF THE MAYOR OF THE CITY OF CALDWELL; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORD4ANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH ALONG WITH THE INCLUSION OF ADDITIONAL LANGUAGE AS RECOMMENDED BY THE CITY ATTORNEY ADDRESSING A TIME CERTAIN PROVISION. MOVED by Allgood, SECONDED by Hopper to waive the three reading process and consider Bill No.42(Ordinance 3361)on its first reading by title only. Roll call vote: Those voting yes: Allgood, Hopper, Callsen, Pollard, and McGee. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED MOVED by Allgood, SECONDED by Hopper to sponsor Bill No. 42 (Ordinance 3361)and move for its passage with the additional language as presented by the City Attorney during testimony addressing the date certain provision. Roll call vote: Those voting yes: Allgood, Hopper, Callsen, Pollard, and McGee. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 43 'ORDINANCE NO. 3362 TO ANNEX 3713 SKYWAY (INSTRUMENT NO. 2019018640) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON, COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF 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 McGee to waive the three reading process and consider Bill No. 43 (Ordinance 3362)on its first reading by title only. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED w BOOK 62 PAGE 133 MOVED by Pollard, SECONDED by Hopper to sponsor Bill No. 43 (Ordinance 3362)and move for its passage. Roll call vote: Those voting yes: Pollard, McGee, Allgood, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED (ACTION ITEM: CONSIDER BILL NO. 44 [ORDINANCE NO. 3363] TO ANNEX 114 W. CHICAGO (INSTRUMENT NO. 2018042059) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON, COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES;AND PROVIDING AN EFFECTIVE DATE. MOVED by Allgood, SECONDED by Hopper to waive the three reading process and consider Bill No.44(Ordinance 3363)on its first reading by title only. Roll call vote: Those voting yes: Allgood, Hopper, Callsen, Pollard, and McGee. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED MOVED by Allgood, SECONDED by Callsen to sponsor Bill No. 44 (Ordinance 3363)and move for its passage. Roll call vote: Those voting yes: Allgood, Hopper, Callsen, Pollard, and McGee. Those voting no: none. Absent and/or not voting: Wagoner. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Pollard reported that the Finance Committee has reviewed current accounts payable in the amount of$2,554,597.55 for the period ending July 28,2021, a net payroll of$422,171.14 for the pay period ending July 17,2021. MOVED by Pollard,SECONDED by Hopper that accounts payable in the amount of$2,554.597.55 by check numbers 155008 through 155503 and payroll in the amount of $422,171.14 represented by check numbers 36414 through 36431 and direct deposits be accepted, payments approved and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR'S COMMENTS) The Mayor noted that a Community Election Information Meeting will be held at Caldwell Police Department at 7:00 p.m. on August 5, 2021. He recommended those interested in running for a public office to attend. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 74-206,SECTION [1][J] FOR THE PURPOSE OF CONSIDERING LABOR CONTRACT MATTERS AUTHORIZED UNDER SECTION 67-2345A[74-206A] [A]AND[B]) • MOVED by Allgood, SECONDED by Hopper to convene into Executive Session pursuant to Idaho Code, pursuant to Idaho Code, Section 74-206, Section (1)0) for the purpose of considering labor contract matters authorized under section 67-2345A[74-206A](a)and(b)at 8:20 p.m. Roll call vote: Those voting yes: Allgood, Hopper, Callsen, Pollard, and McGee. Those voting no: none. Absent and/or not voting: Wagoner. (ADJOURNMENT) MOVED by Allgood, SECONDED by Hopper to adjourn at 8:56 p.m. MOTION CARRIED B07K 62 • PAGE 134 APPROVED AS written THIS 16th DAY OF A ust 2021. Mayor ,/(1 Cop:rso ' ounce . • o c' •%son/ / Councilperson VI Atm • ilperson Councilperson ATTEST: City Clerk soNH.••y,• .'OF Lp* I C., 4.011P°•wiAi'ts 1 • utvis I •qt,ek 1re90 Ilel . I . aaa Z ••i. ,ter •�' r • a•= • ` � • • •K •14a�