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HomeMy WebLinkAbout2009-03-02city council minutesBOOK 50 REGULAR MEETING MARCH 2, 2009 7:00 P.M. PAGE 24 The Mayor reported that a public workshop was held at 6:30 p.m. for the purpose of discussing the potential C.A.T.C.H. (Charitable Assistance to Community's Homeless) Program within the City of Caldwell. A request was made by C. A. T. C. H. for support of this program; however, no determinations were made at the workshop. The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan (via telephone), and Sobba. SPECIAL PRESENTATIONS The Mayor recognized Mrs. Jackson, American Government teacher from Caldwell High School. She asked her students to introduce themselves. The Mayor read the letter of recognition from Officer Tony Thompson nominating Linda Downey, CSO with the Caldwell Police Department, as the January Employee of the Month. The Mayor presented Ms. Downey with a plaque and gift certificate. Ms. Downey expressed her appreciation for the recognition. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by adding Item #12 under the Consent Calendar to read: Approve Resolution authorizing the Award of Service Contract for construction quality control at the new airport terminal to Materials Testing & Inspection, Inc.; continue Item #1 under Old Business to the Regular City Council Meeting to be held on March 16, 2009 at 7:00 p.m.; and add Item #7(a) under New Business to read: Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation. Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Regular City Council Meeting held on February 17, 2009; the Special City Council Meeting held on February 23, 2009; and the Caldwell City Traffic Commission Meeting held on February 2, 2009; 2. Approve Order of Decision for Case No. SUB- 192PF -08 (Eldorado Estates Condominiums); 3. Approve Resolution No. 43 -09 accepting the dedication of sewer, water, storm drain, and street light facilities from H & C Development, LLC for Whitney Springs Subdivision No. 2; 4. Approve Resolution No. 44 -09 authorizing the execution of a Municipal Services Agreement with EWE Caldwell, LLC for the Caribou Crossing Subdivision; 5. Approve Resolution No. 45 -09 authorizing the execution of an Independent Contractor Agreement with Dave Lewis (DBA: White Crane Martial Arts) for instructional services in Tai Chi Martial Arts; 6. Approve Resolution No. 46 -09 authorizing the execution of Amendment No. 18B to the MWH Agreement for Consulting Services for the South Interceptor Wastewater Treatment Plant Project; 7. Approve Resolution No. 47 -09 authorizing the disposition of excess city owned property from the Caldwell Police Department; 8. Approve request authorizing the disposition of excess city owned property from the Caldwell Parks Department; 9. Approve request authorizing the disposition of excess city owned property from the Caldwell Information Technology Department; 10. Approve request from Ken and Gail Bundy at Cab It for a Taxi Cab Business License to expire 12 -31 -2009; 11. Approve request from Ken Bundy, Gail Bundy, Steve Ferguson, Ernie Wolcott, Sean McLean, and Glenn Miller at Cab It for Taxi Cab Driver Licenses to expire 12 -31 -2009. 12. Approve Resolution No. 48 -09 authorizing the Award of Service Contract for construction quality control at the new airport terminal to Materials Testing & Inspection, Inc. [amended] MOVED by Oates, SECONDED by Blacker to accept the Consent Calendar as amended. Those voting yes: unanimous. MOTION CARRIED BOOK 50 OLD BUSINESS: PAGE 25 (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL] CASE NUMBER ZON -64 -08 & SUB /PUD- 198P -08 A REQUEST BY LANDMARK ENGINEERING AND PLANNING, PROJECTS WEST INC., AND L209 -1 ID HOUSTON LLC FOR PRELIMINARY PLAT /PLANNED UNIT DEVELOPMENT APPROVAL OF GOLDEN VIEW SUBDIVISION CONSISTING OF 425 BUILDING LOTS ON 127.83 ACRES; A COMPREHENSIVE PLAN MAP AMENDMENT OF 37.65 ACRES FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; A REZONE OF 37.65 ACRES FROM R -1 LOW DENSITY RESIDENTIAL TO C -2 COMMUNITY COMMERCIAL; AND, AN AMENDED DEVELOPMENT AGREEMENT. THE SITE IS LOCATED AT THE SOUTHWEST CORNER OF MARBLE FRONT ROAD AND KCID ROAD) By previous motion, this item was continued to the Regular City Council Meeting to be held on March 16, 2009 at 7:00 p.m. (CONTINUED PUBLIC HEARING (LEGISLATIVE): CASE NO. OA- 108 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO SECTION 10 -12 REGARDING CITY CENTER ZONING DISTRICT) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report as written. MOVED by Hopper, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 55 [ORDINANCE NO. 27751 FOR CASE NO. OA- 108 -08 (CITY CENTER ORDINANCE) 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 ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL ZONING ORDINANCE SECTION BY AMENDING SECTION 10 -12 REGARDING CITY CENTER ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 55 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 55, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 107 -08 A REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO CHAPTER 11 OF CITY CODE TO REPLACE THE EXISTING SUBDIVISION ORDINANCE WITH A NEW SUBDIVISION ORDINANCE) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report as written outlining the amendments to Chapter 11, Subdivision Ordinance. The Mayor suggested that staff schedule a special workshop with City Council for the purpose of reviewing the fifty -page document in detail. Anne Marie will work with the City Clerk to establish a feasible date for the workshop. MOVED by Oates, SECONDED by Blacker to continue the public hearing to April 6, 2009 at 7:00 p.m. Those voting yes: unanimous MOTION CARRIED NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 110 -08 A REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO SECTION 10 -02 -06 REGARDING THE SIGN SCHEDULE) BOOK 50 PAGE 26 Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report as written and outlined the amendments to the sign schedule. She noted that she had received numerous complaints from business owners concerning temporary sign limitations. The amendments deal with this portion of the sign ordinance. She noted that the business owners have reviewed the revisions and are in agreement with the changes. MOVED by Callsen, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 59 [ORDINANCE 27791 FOR CASE NO. OA- 110 -08 [SIGN SCHEDULE] 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 ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL ZONING ORDINANCE BY AMENDING SECTION 10 -02 -06 CONCERNING SIGNS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Blacker to waive the three reading process and consider Bill No. 59 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 59, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 111 -09 A REQUEST BY THE CALDWELL PLANNING AND ZONING DIRECTOR TO ADOPT AN AMENDED ZONING MAP THAT SUPERSEDES AND REPLACES THE ZONING MAP ADOPTED BY CALDWELL CITY COUNCIL ON MARCH 17, 2008) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report as written. EVIDENCE LIST FOR CASE NO. OA- 111 -09: The Mayor presented the Evidence List: staff report, sign -up sheets, and the new Zoning Map (CC- 1000). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented Those voting yes: unanimous. MOVED by Hopper, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED (CONSIDER BILL NO. 2 [ORDINANCE 27851 FOR CASE NO. OA- 111 -09 [ZONING MAP] 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 ADOPTING AN AMENDED ZONING MAP THAT SUPERSEDES AND REPLACES THE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF CALDWELL ON MARCH 17,2008. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 2 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED BOOK 50 PAGE 27 MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 2, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,624,481.94 for the pay period ending February 25, 2009 and a net payroll in the amount of $268,593.41 for the pay period ending February 14, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,624,481.94 represented by check numbers 58608 through 58977 and the total payroll in the amount of $268,593.41 presented by check numbers 17185 through 17259 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR'S COMMENTS) The Mayor reported that he recently received communication from Jonathan Hutchison, Government Affairs Director of Amtrak West stating that Amtrak is actively considering reopening the passenger route between Portland and Salt Lake City. Amtrak has expressed an interest in using the Caldwell Train Depot for Amtrak passenger rail service. He reported on the well - attended Town Hall Meeting held in the Community Room on February 23, 2009 regarding the Downtown Catalyst Project. Approximately 80 persons were in attendance. The Girl Scouts will be gathering at City Hall on Monday, March 9 at 4:30 p.m. for a proclamation presentation concerning their organization. The Mayor's Youth Advisory Council (MYAC) will be traveling in March to the NLC Congressional Cities Conference in Washington, D.C. and presenting their white paper concerning the national debt issue. They have circulated petitions throughout various communities within the State of Idaho in preparation for this presentation. They will also be participating in the changing of the guard and wreath ceremony at the Tomb of the Unknown Soldier while visiting the area. The basketball games with the Mayor's Old Guys vs. the Caldwell, Vallivue, and Middleton varsity teams will be held on March 12, March 19, and March 20, respectively. Applications for the MYAC Scholarship Fund are available through the school counselors at Caldwell and Vallivue High Schools. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Hopper, SECONDED by Blacker to convene into an Executive Session at 8:05 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into regular session. Those voting yes: Unanimous. MOTION CARRIED (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (B) FOR THE PURPOSE OF DISCUSSING PERSONNEL ISSUES) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 8:18 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(b) for the purpose of discussing pending personnel. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED BOOK 50 PAGE 28 MOVED by Oates, SECONDED by Blacker to reconvene into regular session. Those voting yes: Unanimous. (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 8:20 p.m. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED APPROVED AS written THIS 16th DAY OF MARCH 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk