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Home My WebLink About2003-02-03city council minutesREGULAR MEETING FEBRUARY 3, 2003 7:00 P.M. The Meeting was called to order by City Council President Rob Hopper. Councilman Hopper explained that he would be conducting the Meeting tonight as the Mayor had some minor surgery and was unable to attend. Council President Hopper requested a few moments of silence in memory of the Columbia shuttle crew. They remained standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Absent: none. President Hopper noted that a Government class from the Caldwell High School was present tonight and asked them to stand and introduce themselves. ADDITIONS OR DELETIONS TO THE AGENDA. No additions or deletions to the Agenda were noted. AUDIENCE PARTICIPATION. The Council President asked if there was anyone in the audience who cared to address the City Council at this time. Since there was no one, he declared that the meeting would continue as outlined. CONSENT CALENDAR: Council President Hopper presented the following items on the Consent Calendar for consideration by the City Council Members: 1. Dispense with the reading of the minutes of the Regular City Council Meeting held on January 21, 2003 and approve as written; 2. Approve acceptance of the minutes from the various boards and commissions; 3. Approve Independent Contractor Agreement with Dennis Cannon as Caldwell's Redevelopment Coordinator; 4. Approve request from Community Development Department for approval of the first phase of an impact fee analysis to be conduced by the consulting firm, Paul Tischler and Associates for a cost of $6,600; 5. Approve acceptance of bid received from the low bidder, Big Bite Excavation, Inc., of Nampa for Ustick Interceptor Sewer; 6. Approve Order of Decision for Skyway Business Park preliminary subdivision plat, Case No. SUB- 79P -02; 7. Approve Order of Decision for LDS rezone and parking lot addition, Cases No. ZON -26 -02 and SUP - 178 -02; 8. Approve the following Resolution to approve the Banner Policy for the City of Caldwell: WHEREAS, the City of Caldwell, Idaho, by request, installs and posts over - the - street banners for promotion and announcement of public events; and WHEREAS, the installing and posting of said banners requires the staff of said City to expend time and utilize equipment; and WHEREAS, the commitment of time and equipment may diminish the ability of the staff of said City to perform essential duties and services; and WHEREAS, the failure of any component of the banners, including cables, ropes and supporting structures constitutes a liability risk to said City; and WHEREAS, the establishment of terms, conditions, procedures and fees for the posting of said over - the - street banners is in the best interests of said City; BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the terms, conditions, procedures and fees for the posting of over - the - street banners in public right -of -way by the staff of said city shall be as follows: 1. Use of city streets and utility poles for the posting of banners is not a public forum, or is a limited public forum, and shall be used only to alert the public of coming public events. The posting of banners is a non - essential services, shall be considered a privilege and not a right and said city may refuse to post any and/or all banners as it shall deem proper at m time ime Said city may also refuse to post banners for the following reasons: (a) The banner exceeds thirty -six (36) inches in width; (b) The banner contains more than the name, time and place of an event and an organization or company logo; (c) The banner is determined by the Street Superintendent or City Engineer to be unsafe to other users of the right -of -way or distracting to the driving public; (d) There is insufficient staff, staff time or available equipment to post or remove banners; (e) The banner refers to an event or assembly of persons held contrary to local, state or federal law; (f) The banner is used exclusively to promote for sale products or services except as part of a public event; (g) Banner locations and times of posting are previously committed; (h) Banner locations and times of posting are required by a higher priority user. 2. The priority of user, from highest to lowest, is as follows: (a) Public emergency event; (b) City sponsored event; (c) Other governmental agency sponsored event; (d) Non - profit organization sponsored event; (e) For - profit organization sponsored event. 3. All parties requesting the posting of a banner are required to enter into an agreement to indemnify said city for any and all liability arising from the posting and removing of the banner including, but not limited to, material or equipment failure, and to provide an insurance binder to secure said agreement provision. 4. All parties, except government and non - profit entities, shall reimburse said city two hundred dollars per hour ($200/hour), or a minimum fee of four hundred dollars per banner ($400 /ea), whichever is greater, for the posting and removing of a banner. 5. No banner may remain posted for longer than fourteen days. MOVED by Blacker, SECONDED by Ozuna to approve the consent Calendar as presented. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER APPROVAL OF CORRECTED BILL NO. 15, ORDINANCE NO. 2419, BRENT MERRICK ANNEXATION ORIGINALLY APPROVED AND SIGNED BY CITY COUNCIL ON MAY 6, 2002 (CASE NO. ANN- 65 -02) WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE ONE READING AND APPROVE THE SUMMARY FOR PUBLICATION) Council President Hopper explained that the first item under Old Business was to consider approval of corrected Bill No. 15. This Bill was originally approved by Council on May 6, 2002 which included an inadequate description of the parcel. This Bill includes the corrected version of the legal description and the request was to approve at this time. Council President Hopper read Bill No. 15 by title only as follows: AN ORDINANCE DETERMNING 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 C -4 (FREEWAY COMMERCIAL) ZONE DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; 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 -2219. MOVED by Dakan, SECONDED by Blacker to waive the rules requiring that a bill be read at three separate times and in full for the one reading and pass after the one reading by title only. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Wells that Bill No. 15 be passed and entitled Ordinance No. 2419 after the one reading by title only and to also approve the Summary for Publication. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 6 WHICH PROVIDES FOR THE REZONING OF PROPERTY OWNED BY THE LDS CHURCH LOCATED AT 13 AND EVERETT FROM R -2 TO R -3 (CASE NO. ZON- 26 -02) WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE ONE READING BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) Council President Hopper noted that the public hearing on this matter was heard at the last meeting with the City Council approving the rezone as requested. This was the time to approve the Bill to make the request official. He read Bill No. 6 by title only as follows: AN ORDINANCE TO PROVIDE AN R -3 (MULTI FAMILY HIGH DENSITY RESIDENTIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Dakan to waive the rules requiring that a Bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Ozuna that Bill No. 6 be passed and entitled Ordinance No. 2459 after the one reading by title only and to approve the summary for publication. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Abstain: Wells and Blacker. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (RESOLUTION NO. 11 -03 — REAFFIRMING BELIEFS, STANDARDS AND CODES OF CONDUCT FOR CITY OFFICIALS) Council President Hopper stated that the first item under New Business was to consider Resolution No. 11 -03 which was to reaffirm beliefs, standards and codes of conduct for City Officials. We are all aware that there were some actions by municipalities near to us that have been called into question. It was customary for a governing body to now and then reaffirm the standards of conflict and believe statement that they would govern under. The Mayor has requested that Council approve this Resolution tonight to reaffirm policies and beliefs of the Caldwell City Council. He read Resolution No. 11 -03 in full as follows: RESOLUTION REAFFIRMING BELIEVES, STANDARDS AND CODES OF CONDUCT FOR CITY OFFICIALS. WHEREAS, Cities in the State of Idaho have a long history of integrity and excellence in local governments; and WHEREAS, All City Officials, as stewards of the public trust, have a responsibility to conduct the affairs of government with the highest of ethical standards; and WHEREAS, The public judges its government by the way public officials and employees conduct themselves in the position to which they are elected or appointed; and WHEREAS, Citizens have a right to expect that every public official and employee will conduct themselves in a manner that will preserve public confidence in, and respect for, the government it represents; and WHEREAS, It is important for all representatives of City Government to periodically reaffirm the beliefs, standards and codes of conduct that are critical links to the trust and confidence of the citizens we were sworn to serve. NOW, THEREFORE, BE IT RESOLVED that we, as representatives of our respective Cities and Members of the Association of Idaho Cities, subscribe to and reaffirm the following principles: • We are dedicated to the concepts of effective and democratic City Government. o We affirm the dignity and worth of the services rendered by City Government and the employees through whom the services are provided. We are dedicated to the highest ideals of honor and integrity in all public and personal relationships. o We will continue to conduct ourselves in a manner to maintain public confidence in our City Governments. We subscribe to systems of strong internal controls and believe current Idaho Statutes, if complied with, adequately provide for sufficient controls. o We support clear, concise and understandable budgeting, auditing and financial reporting systems. 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